Summary of legal situation

Basically there is no legislation that places any duty upon them to enquire about welfare where there is no reason to believe a child is in danger of significant harm.

Neither is there any duty for parents to allow them entry.

The legislation that does exist is section 47 of the 1989 Children act, and section 11 of (I think) the same act, which allows them to intervene and gain access to a child where there are grounds. However, this applies to the SS not EHE bods.

The only other bit is section 175 of the 2002 education act, which places a duty upon them to promote the welfare of children in the course of their other duties, this in fact creates no new powers but simply emphasises their pre existing duty to be mindful of the welfare of any child they encounter, it does not allow them to enter a home or demand access to a child.

This in fact is what b/ham have just acknowledged in their new policy.

Any attempt to force entry for no reason is contrary to article 8 of the ECHR - both for the parent and child.

Also any attempt by the EHE team to investigate a welfare concern could invalidate a subsequent court case as they are not trained in handling such investigations, this should be done by trained child protection offices, either police or SS

Neither do they have the power or duty to enquire to see if the child is happy being home educated. I can't point you at any legislation as there is nothing written about this, they are simply making it up.