Received notifice of a review? We can help.

Have you have received notice from the Education Review Office that you are going to be reviewed? It is imperative that you know your rights, understand the process of the audit, and are well prepared.

While it is the Ministry of Education (MoE) which orders a review, it’s the Education Review Office (ERO) which conducts the audit and reports the findings back to MoE. There is a specific process to a review as follows.

1: MoE receives a complaint about the education of your tamariki/children.

The complainant must cite specific educational concerns (they can’t just say that they saw your kids jumping on the trampoline or down at the park at 2 in the afternoon when they “should have been doing school work”). If the complaint is considered valid, MoE will order ERO to conduct a review.

2: ERO will phone you to inform you of the review and try to make a time when they can visit. This is the first notification you will receive about the audit.

Before you set a review date with ERO, we recommend that you let them know you need to see the letter of complaint. You will get this from MoE, and you have a right to delay the review until you have seen the documentation.

You are entitled to see the letter of complaint under the Privacy Act. While identifying information about the complainant will be blacked out, you will still be able to ensure the reason for the review is valid and that the appropriate procedures are being followed by both MoE and ERO. If you feel that there are not valid grounds for the review (eg. perhaps the complaint was not made in writing, or the complaint is generalised rather than citing specific educational concerns), you could consider challenging the decision to review your family. This has been successfully done in the past.

3: A date, time and location will be set for the review.

Once you are satisfied that the correct protocols have been followed, you will need to set a date and location to meet with the two reviewers from ERO. There is no obligation for you to hold the review in your own home, although that may be the most convenient location for you. However, if you feel that you may be judged negatively on your living situation then insist that the review is held elsewhere such as at ERO’s office.

The day and time that the review is held will be negotiated with you based on the reviewers’ schedule and your needs in gathering the necessary documentation. ERO should give you at least three weeks to prepare for the review. If timing is an issue and the reviewer is not considering your needs, ask to be transferred to the Area Manager of your region and make a complaint. You will need time to prepare and three weeks is reasonable.

4: Start preparing!

Now that you have the date you are working towards, it’s important to begin preparations. This includes gathering the evidence you wish to provide, as well as arranging some support people (for yourself and for your tamariki), and finding a way to record the interviews for your own evidence and protection.

We strongly recommend that you have at least one support person at the review. Many regional groups will have an experienced homeschooler who can provide advice and support. Set this up early.

The children being reviewed must be present on the day. The reviewers are not permitted to ‘test’ them but they will want to speak with them – they’ll ask questions such as: What are you learning about? What are you reading? What have you enjoyed? What are you most proud of? What are you excited about? … questions to encourage the children to share their interests. You might want to go over these types of questions with your children beforehand, and have some books or other props for them to discuss with the reviewers.

You’ll receive an information pack from ERO, outlining the evidence the reviewers will be interested in. The information pack contains questions intended to assist you in preparing and to guide the process. You may choose to provide additional information to them before the visit, particularly in light of what the complaint is generally about.

5: Two reviewers will arrive at the appointed time.

A support person can help you prepare, be a witness to the conversations during the review, take notes, and assist you in answering the reviewers questions. The reviewers should have prepared by reading your exemption applications, and they will know the gist of the complaint but not who the complainant is or the full detail of the complaint.

The biggest mistake home educators make when being audited, is to believe that the reviewers will take the lead and ask for the documentation they need. They won’t. It’s up to you to provide the evidence you wish to show them.

The reviewers may ask evaluative questions, however the onus is entirely on you to provide the evidence to satisfy compliance with the legal benchmark of “at least as regularly and well as in a registered school” (or, in the case of a child with special education needs - “at least as regularly and well as in a special class or clinic or by a special service”).

Make sure you have an adult present at all times to support the tamariki when the reviewers are talking to them, it’s important that you know what the reviewers are asking them and that there is a witness to all of the conversations during the review.

6: You decide when the interview ends.

At the end of the audit the reviewers will give you a tentative idea about the direction their decision is heading. It is their job to make a decision on the children’s programme, based on the evidence that you have provided, and decide whether or not that programme fits the definition of “as regular and as well as a registered school.” If you need further time to finish presenting your material and evidence, you can request another meeting.

As you are the one who determines what evidence you will present to the reviewers, consider that the outcome of the review is in your control. If the reviewers give you the impression that they are not satisfied with the material you have presented, provide more evidence.

It is very difficult and time-consuming to challenge a negative or failed review. Your best opportunity is during the review itself – which is why it is so important to check that the reasons for the review are valid in the first place, to prepare well for the review, to understand EROs own protocols, and to have support people with you on the day.

7: The reviewers will write a draft report on their findings and the conclusions they have reached.

They may conclude that no changes are needed to your home education programme; That some minor changes are needed but no follow-up review required; That some more significant changes are required and a follow-up review should be scheduled; Or that the MoE should revoke your exemptions. This initial assessment is called an unconfirmed report.

You will be sent a copy of the unconfirmed report along with a date by which to provide any further information you feel has been missed. This is your last chance to impact the outcome of the review.

Strong evidence would need to be provided to change the judgment of the reviewers at this point, which is why it is so important to prepare properly for the initial visit. The reviewers are under no obligation to edit the report in light of the additional information you provide, however the review is still considered open until the report reaches “confirmed” status.

8: The draft report is confirmed as ERO’s official outcome of the review.

The report will be confirmed and a copy will be sent to MoE. In the case of a negative or failed review, MoE will write to you with the opportunity to comment further. In instances where the family indicates that they accept the findings of the ERO report, they intend to address the relevant issues and have already started making changes - MoE may allow the exemption to continue for six months and then request another review.

9: MoE reach their own conclusion on the review.

MoE will consider the confirmed report alongside any additional comments you have made. At this stage, MoE will reach a determination: That no changes are needed to your home education programme; That some minor changes are needed but no follow-up review required; That some more significant changes are required and a follow-up review should be scheduled; Or that your exemptions should be revoked. If exemptions are revoked, MoE will advise of the requirement to enrol the tamariki in school within 14 days.

If you are unhappy with the review findings then your final options are ERO’s complaints procedure, and then escalating your complaint to the Ombudsman.