I refer specifically to the part of your reply which states:
“If a parent is refusing to engage, the LA must be entitled to presume that the
educational provision being provided at home is not suitable, unless evidence can be
provided to the contrary. Elective home education associations commonly assert that
a LA has no power to investigate whether the provision being made at home is
suitable unless they are notified of any concerns. This is clearly unsustainable as a LA
is unlikely to be able to establish such concerns unless they endeavour to investigate
This position is deeply offensive, shockingly ultra vires and takes a “guilty until
proven innocent” stance which goes so far beyond existing law as to be unmistakably
confrontational. It is an interpretation of the law as the LA might wish it to be, rather
than an interpretation of existing legislation; it also demonstrates a misunderstanding
or misapplication of case law, specifically Lord Justice Donaldson’s 1980 judicial
review in Phillips vs Brown – your legal department should note that this applied to a
family’s initial contact with a local authority, not to ongoing routine monitoring of
law abiding families.
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