Dear Minister Gardener,

I’m writing to you today on behalf of single and separated families, particularly in response to the article in the Sunday Mail – 19.08.2018, as stated “the three cases seeking an exemption from the two signature rule, with two receiving exemptions” is not at all an accurate reflection of the impact of this rule.

Exemptions from the ‘two signature rule’ are not made clear to single parents that are seeking to home educate, and as a result many are discouraged from applying at all. The number of applications received by DECD would not be a true reflection of the impact this rule is having on families.

 

I have personally spoken to many families over the past twelve months that have been affected during this time, and prior. Some families say they have been able to supply a statutory declaration, while some say they have been rejected because their restraining order is not current or does not name the children. This rule is putting lives at risk and forcing families to move interstate.

“The needs of the child should always be the first priority with regards to any decision about their education” (Quote from Sunday Mail, 19.08.18) How can this be said when in reality this is not happening?

 

The application form requires both parents to sign and acknowledge that they will participate in, plan, and accept responsibility for their child’s education. The Application Renewal Form states “We acknowledge that we accept responsibility for the provision of the education program, and the resources and facilities to support the program.” How many of those second biological parents participate and accept responsibility?

With the number of survey responses I have collected from cases with family situations such as domestic violence, a weekend parent, or a parent who lives interstate or overseas, including those who have never actually met their child or have very inconsistent contact with their child – the second parent's responsibility is none.

 

The Education Act of South Australia needs to accurately reflect this and align with the rules interstate so that these parents are able to access home education without putting their lives at risk, being forced to move interstate, or have continued correspondence with the other biological parent solely to get approval each and every year when in many cases that person has absolutely no interest in being involved in their child(ren)’s education.

 

This is survey data I have conducted over the last few months, at this point in time 47 families have responded, and these are the real statistics:

Families who wanted to home educate in South Australia but have been unable to do so because they could not obtain the consent of the other parent.
32.61%

Families that are home educating but are doing so without approval because they cannot obtain the consent of the other parent.
15.22%

Families home educating with government approval but the requirement to obtain consent of the other parent was difficult or caused distress or other problems for them or their child.
39.13%

Other (please describein)
23.91%
 

Families who selected “other” shared:

“We live half the time in another state, so we can keep our registration there”

*two comments / stories included in the letter are removed for petition update

 

I asked why it was difficult or distressing and found:

65.2% responded with domestic violence or abuse issues.

26.0% of these children have an absentee parent.

43.4% have had difficulty obtaining the signature of the other parent.

87.23% of cases have no court orders.

 

Comments suggest that when the other parent chooses to withhold their signature it gives them power or control over their lives. Families around the country are being impacted, as there are those that have been forced interstate, as well as affecting others that are moving or considering a move to S.A.

“I am moving to Adelaide soon, and this is my frustration too.  An abusive father who can still maintain control by withholding his situation when he wants to cause trouble”
(Petition comment from a survey participant)

Over 57.8% said the other parent has NOT made contact regularly, with contact less than every 2 months, no contact for up to 8 years, contact is inconsistent and irregular, some only over the phone or no contact with their child(ren) at all.

“I have been in this position where I was forced to ask permission from a man who has no involvement in my daughter’s life if my partner and I could homeschool”
(Petition comment from a survey participant)

*two comments / stories included in the letter are removed for petition update

 

86.9% of survey participants said that the other biological parent has had no interest or input in their child(ren)’s schooling in the past or present

60% said the process causes undue and added stress, anxiety or distress to them & their children.

52.1% have professional support to home educate their child - recommendations from doctors, psychologists or occupational therapists.

30% are home educating because of high needs or learning difficulties.

20% had been bullied in the public system.

 

50% said it is because home education allows for better mental health, a comfortable and safe environment, the children are able to thrive & are able to access a supportive network and community. While some feel that they want their children to be well rounded, open minded & have a rich learning environment that the schooling system would not be able to provide.

 

People hear SA single parents and separated parents are getting the support from the SA Education Department especially when statements like “The needs of the child should always be the first priority with regards to any decision about their education” are being made, but the reality is that the support was just not there for the majority of those that responded to the survey.

“I too was affected by the 2 signature rule. It cost us both emotionally and financially to fight for my child’s rights in court. No one wins once you've been in the court system.”
(Petition Comment from a survey participant)

*two comments / stories included in the letter are removed for petition update

 

Education Acts in other states around Australia freely allow families to home educate their child(ren), South Australian’s need our Education Act to be brought into the 21st century, and keeping families and children safe and prioritised over the outdated laws in the Family Act.

 

Comments made from those who live interstate:

“I am in the same situation and the father of my boy would stop us home schooling just because he can...luckily for us we are in Qld”

“I too was in this situation. In NSW if you have no orders, you only need 1 signature. If you have joint parental responsibility orders, you need both. It needs to change - otherwise the non custodial parent is empowered to make a unilateral decision for the family.”

“What happened to common sense and putting the child's needs first. If the father (other parent) does not support the child then he has abdicated his interest.”

 

We need your help to change this as soon as possible, what can you do as the Minister of Education to help change SA’s Education Act to allow single and separated families to safely home educate their child(ren) and to put the needs of the child as FIRST priority?

Regards,

Emma Fisher

on behalf of homeschooling families in South Australia