The right to education
Everyone has the right to an education. This is a basic human right under the United Nations Declaration of Human Rights.
If you live in England and Wales, your local authority education department is required by law to ensure that free education is available for all children of compulsory school age (five to 16 year-olds) living in your area.
If you live in Scotland, your education authority is required to do the same.
The education provided should be appropriate to pupils’ age, abilities, aptitudes and any special educational needs that they might have.
The right to education applies not only to people who have grown up in the area but also to any young person who is living in the area for long enough to attend school, such as:
- children who have a parent is in the armed forces
- children of Gypsies and Travellers (including those who are living on temporary sites).
Local authorities or education authorities must also ensure that school places are available for all young people aged 16-18 who want one (or sixth form college places in England and Wales for all young people aged 16-19).
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Parental responsibilities in education
If you are a parent, it is your duty to make sure that your child receives education between the ages of five and 16. Parents means either both parents, or the pupil’s guardian, or another person who has parental responsibility for the child.
This education can be at home rather than in a school. From the age of 18, responsibility for education falls to the student.
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Education for children who are too ill to go to school
If your child cannot attend school because of sickness or injury, your local authority (education authority in Scotland) must arrange suitable education. This may be in hospital schools or hospital teaching units, or tuition at home.
All children admitted to hospital for more than five working days have a right to properly planned education.
If your child is absent from school for 15 or more consecutive working days, the local authority or education authority may assess their needs. The school may then provide work for the child to do at home. The local authority or education authority may provide home-visiting teachers.
If you want to find out more about this, your local authority or education authority should help you, or you can get advice and support from a local advocacy service, law centre or citizen's advice bureau.
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Education for children who are pregnant
If a pupil cannot attend school because of pregnancy, their local authority (or education authority in Scotland) still has a duty to provide suitable alternative education.
A pupil who becomes pregnant is entitled to 18 calendar weeks’ authorised absence to cover the time immediately before and after the birth of the child.
The school should try to keep in learning pupils who are pregnant or have children. This means keeping a pupil on the school roll, even if she may not be able to attend for a period of time, keeping up to date with her progress and finding a suitable time to re-integrate her into the school.
If you are pregnant, you should tell your school so that they can make arrangements to support you.
Schools should also support male pupils who become fathers while still at school to help them continue their education.
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Early education
Every three and four year-old child in the UK is entitled to a free early education place. The place should be for at least two and a half hours a day, for five days a week, during normal term times.
This is not compulsory: parents do not have a duty to make their children attend. Also, not all nurseries, schools or playgroups provide free places.
Find information about schools and other organisations providing early education places at www.childcarelink.gov.uk or www.scottishchildcare.gov.uk.
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