According to S51(6) of the BELA Act "If the Head of Department does not respond within 60 days of receipt of an application for home education as contemplated in subsections (1) and (5), the application shall be deemed to have been approved, on condition that the applicant must be able, on request, to produce proof that an application for registration to receive home education was submitted."

However, home educators should not relax too much. Although you might be deemed registered, it does not relieve you of the obligation to submit end of phase reports by competent assessors. The law therefore means that parents must perform all the administrative actions prescribed in the law, under threat of criminal prosecution, while there is no obligation on the state to process the applications or assessment reports. The law relied on the fear created by the excessive penalty to cause parents to voluntarily comply, while the state has insufficient capacity to consistently process applications or prosecute.

• Next