This is the fourth in a series of posts prompted by the NSPCC briefing Home education: learning from case reviews. The briefing highlights recommendations from seven serious case reviews (SCRs) published between 2008 and 2013 involving home-educated children. In my view, the briefing’s perspective on home education legislation is based on a misunderstanding of the legal framework that underpins it. I think the briefing also misunderstands how the law tackles risk.
legislation and education
In a democracy, the primary function of legislation is to protect the liberty of individuals. But there’s a tension inherent in that principle because protecting the liberty of one person usually means limiting the liberty of another. So legislators have to weigh up the costs and benefits of legislation to different people. I think this is what Graham Badman was getting at when he opened his 2009 report on elective home education (EHE) with a…
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