Childhood is an extra special time for growing your mind, having fun and making sense of the world.
All children and young people have the right to education.
In England, the law says children must receive an education suitable to your age, ability and talents and any special educational needs you might have.
When you live away from home, people involved in your care should do their best to help you keep on track with your education.
Many children and young people live in boarding or residential schools where their education is a top priority. You still have all of your other rights too!
Wherever you live, you must always be listened to – about your education and everything else that’s important to you.
If you need extra help with learning, you have a right to have this carefully looked at. Your needs might be written down in a legal agreement, to make sure your right to education is respected.
There is an extra law which is aimed at stopping unfair treatment, including in schools and colleges. This is the Equality Act 2010. It says you should not be treated less well because you have a disability, or because you are a boy or a girl for example.
If you are disabled, your school or college will have to make fair changes to how things work to make sure you get your right to education.
You must receive an education between the age of 5 and 16 years. Between 16 and 18, the law says you must:
After the age of 18, when you are legally an adult, you might choose to continue your studies by going to university. Or you might want to train and get qualifications while you are working.
What helps children and young people stay on track with their education?
Pick 3 answersPick 1 more answerPick 2 answersAbsolutely! You know your rights. Well done.
Here’s a bit of the United Nations Convention on the Rights of the Child we especially like. It says education must be aimed at:
Thank you for reading this first section. You’ve covered all the basics. Brilliant! If you want some extra information about your rights where you live, please see the ‘Your rights – extra’ section down below.
This section gives you information about your extra rights in different places.
Words in “quotation marks” come from laws and legal rules. Laws and legal rules must be followed by the people who look after you.
Your council
Local councils must protect children’s welfare. Your educational needs and achievements are part of this. Your social worker should make sure your education rights are taken care of.
The law says there must be a person in your council who gives their full attention to the education of children in care. This person is called a Virtual School Head.
They’re called a Virtual School Head, because they are not actually based in a school (though they must be a qualified teacher).
It is the Virtual School Head’s job to be a strong champion for the education of children in care. Brilliant!
Your achievements
Your educational achievements must be a top priority for everyone who cares for, and about, you.
Achievements include things like having good attendance, showing a great attitude to learning, making progress, and becoming a member of your school council. Passing tests and exams are a massive achievement too!
There should be no limit to how far you take your education – see below for information on going to university.
If you have been able to work on things that make your angry or upset at school, that’s also an educational achievement.
Your school must have someone who takes charge of making sure children in care do well in their education. (You mightn’t know who they are, but there will be other children in care in your school – there are over 72,000 children in care in the whole country).
New school
If you have recently arrived at your children’s home, and you have had to leave your school, your new place must be sorted within 20 days.
Your social worker and others must try their hardest to get you into a school which has a great reputation (judged good or outstanding by Ofsted). Your wishes and feelings must be taken into account.
Your own education plan
Every child or young person in care must have a Personal Education Plan (called PEP for short). This is part of your overall Care Plan.
Your PEP must say:
In your children’s home
The person in charge of your children’s home has a lot of legal rules to follow when it comes to your education. We think they are incredibly important. The person in charge of your home must make sure:
Money for college
If you are aged 16 to 19 and attend a further education college, you could get up to £1,200 a year. This is called a bursary. Ask your children’s home manager or social worker about it!
Money for university
If you are under the age of 25 years, and are going to university for the first time, you could get up to £2,000 from your local council. This is in addition to financial support that you can get like any other student. It is separate from your leaving care grant.
Your council should make sure you have somewhere to stay during university breaks. They should be mega proud of you too. Many councils have awards and celebration events for care leavers. Excellent!
The NHS Trust that is responsible for the ward or unit you are staying in must do its work with your welfare in mind. Your educational needs are part of this.
Local councils have a legal duty to make sure children and young people who are ill get their right to education.
Whatever the reason you are in hospital, your local council should work with you and your parents to make sure you stay on track with your education, and there is as little disruption as possible. Your education should fit around your needs and health. You should get help to keep up with work you were doing in school.
If you are in hospital for mental health reasons, legal rules say that:
Hospital staff and local councils should work together well, so that there is as little disruption to your education as possible.
You have the right to be in accommodation that suits your needs as a child. This includes your educational needs.
You should receive education for 23 hours every week. Your centre’s school should try to follow the national curriculum.
Your centre must have things for you to do and play. This could be books, arts and crafts, electronic games, music and computers. You should get the chance to exercise like you would in an ordinary school. This could be playing football, netball or running for example.
There must be a play area outside that you can use.
When your parents are locked up with you, they must be able to discuss your education with teachers in the centre.
The governor of your young offender institution must carry out his or her work with your welfare in mind. Your education is part of this.
The law says you must spend at least 15 hours a week in education or on a training course. However, the government has told prisons they must give you 30 hours of education every week, including 3 hours physical exercise.
The law says education in your prison should try to help you to:
If you are in care
Every child or young person in care must have a Personal Education Plan (called PEP for short). This is part of your overall Care Plan.
Your PEP must say:
If you are in a secure training centre, the law says the person in charge (the director or governor) must promote and protect your welfare. This includes your education.
The law says you must spend at least 25 hours a week in education or on a training course.
The law says your education should try to help you to:
Your studies should suit your age, ability and talents, and any special educational needs you have. Your education should be in line with your training plan.
The education you get should be as close as possible to the national curriculum.
If you are in care
Every child or young person in care must have a Personal Education Plan (called PEP for short). This is part of your overall Care Plan.
Your PEP must say:
The law says schools where children live must protect and look after your welfare. Your welfare is everything that helps you be happy, including enjoying and doing well in your studies.
Your school should be well prepared before you arrive, so that the education you get fits you well.
If you live in a residential special school, after you first arrive there will be a meeting to check you are settling in well. Your views will be a very important part of this.
If you are in care and living in a secure children’s home, you will have a Personal Education Plan (called PEP for short).
There are three ways you can live in a secure children’s home and be in care:
Your PEP is part of your overall Care Plan.
Your PEP must say:
Whether you are in care or not, the person in charge of your children’s home has a lot of legal rules to follow when it comes to your education. We think they are incredibly important. So, we tell you about each of them below.
The person in charge of your home must make sure:
