Back to Truancy Sweeps

Dear Chief Constable,

re: "Truancy Sweeps" under s16 Crime and Disorder Act 1998

ARCH is an association established to foster the rights of children in education. We write on behalf of home educating families within your police area concerning the effect on their children of truancy sweeps.

The power given to police under s16 of the Crime and Disorder Act 1998 is, as we are sure you will appreciate, a novel one. It is a new departure for there to be created a power for police officers to "remove" someone who is not committing an offence and who is not in need of protection or assistance. The justification given, for what otherwise would be an intrusion upon civil liberty, is that the person concerned is a child who should be at school. Our experience of the way in which this new power is being exercised by the police is that it is adversely affecting those for whom it is explicitly not intended - the child who is receiving a home based education.

You may not be aware that there is now a large number of families home educating their children. The most recent estimate puts the figure at 50,000 families in the UK, or 150,000 children. It is a common misconception that school is compulsory for all children aged between 5 and 16 whereas it is in fact education that is compulsory; s7 Education Act 1996 re-enacts earlier provisions that children in that age range must receive an efficient full-time education suitable to their age, ability, aptitude and any special educational needs they might have, either by regular attendance at school or otherwise. It is established law that home education comes within the latter option.

Home education, for many who choose it, is an opportunity to educate their children within the community and thus children who receive a home based education are quite often out in public at all times of the day, including when other children of their age are required to be at school. Indeed, very often home educating families choose to make visits to libraries, museums and other public places when school children are in school as those places are less crowded than during school holidays. Home education is not required to be, nor is it largely practised as, school at home and there is no requirement for home educated children to receive education at any set time or place. This allows freedom for the individual child to select when work is to be done. Accordingly, it is quite likely that they might choose to order their day so that they were able to go shopping during the time that other children are in school. They may be out with their families or, as they become older, on their own.

These children have every right to go about their own business without hindrance, and yet they are liable to be stopped in an operation authorised under s16 Crime and Disorder Act 1998. We are aware that additional funding has been given for an increased number of "truancy sweeps" which will bring more home educated children into contact with the police. It is in our view incumbent upon the police in general and upon the individual police officer to be aware that children are quite lawfully home educated and to ensure that when they are encountered they are allowed to continue without being subject to questioning or discussion. There is no power to require that names and addresses are given and any removal of a home educated child would be unlawful.

Before the Crime and Disorder Act 1998 became law, home educators throughout the country lobbied to have specific mention of home education made in the Act. This was not successful; however, we were repeatedly assured that all police officers involved in "truancy sweeps" would be made aware of the position, as senior officers instructing them would make explicit reference to the guidance issued by the Home Office "Power For the Police to Remove Truants". This guidance makes specific mention of the existence of children educated 'otherwise than at school' in sections 4.1, 4.20 and 4.21, stating that where a child indicates that s/he is home educated, 'no further action should be taken' unless the police officer 'has reason to believe that this is not the case'.

Unfortunately it would appear from the experiences of many home educators that the Home Office guidance is not always followed. On occasion, police officers have been unaware even of the existence of home-based education. It seems clear to us that officers involved in these "sweeps" are not being acquainted with the guidance, or, if they are, they are not applying it.

We would invite you to consider that children registered at a school are unlikely to state that they are home educated and, given the intrusive nature of the new power, that officers should be instructed to accept the position when told that a child is home educated without embarking upon any further enquiry unless there is some evidence which leads them to believe that they are not being told the truth. This indeed is what the guidance states.

The position is quite clear; the power to remove children under the Act only applies to children of compulsory school age registered at a school and to no others. Once an officer is informed that a child is not registered at a school or that s/he is home educated, any further questioning or detention is unlawful. There is no power to require that names and addresses of children be given, they should simply be allowed to go.

A further problem arises where 'truancy watch' schemes have been introduced between the police and local shops. Some home educated children have experienced distressing and humiliating treatment from shopkeepers who are unwilling to accept the fact that home education is lawful.

The effect of this legislation, and the way in which it is being enforced, has been to curtail the freedom of home educators to an intolerable degree. Many home educated children now feel too intimidated to venture out during 'school' hours - as, indeed, do some of their parents. To say the least, their basic human rights are being disregarded.

Being out and about within the community to a substantial degree is considered an important aspect of home-based education, as is fostering children's independence by encouraging them to undertake trips alone. If it becomes impossible to exercise the freedom to go out without the possibility of a distressing confrontation, an important part of a home educated child's education is put at risk.

We would welcome clarification of the position of your Force in relation to home educators, and would in particular like to know how police officers, particularly those involved in truancy sweeps, are made aware of the likelihood that they will encounter home educated children.

We should be grateful if you would give us your assurance that all officers engaged in "truancy sweeps" will be referred to the Home Office guidance and in particular to those sections of it dealing with home educated children who are quite lawfully entitled to be out in public during school hours without having to justify themselves to anyone.

Please let us know if you or your officers wish to obtain more information about home education, whether it be the law or practice of it or, indeed, the research conducted in this country and abroad which shows that home educated children come from all walks of life and are likely to receive an education and social experience far better than that of children educated in school. We will be pleased to supply information or indeed talk to officers should that be of assistance.

We look forward to hearing from you concerning the matters raised.