What happens when a parent’s right to decide how to bring up their child comes into conflict with that child’s right to a safe, fulfilled life? Happily, there is usually no such dilemma. But where there is, one of the most fraught questions about the power of the state to intervene in the privacy of family life is posed.

There are very good reasons to be wary of the state’s over-involvement in the parent-child relationship: in the words of Lady Hale, the former president of the supreme court, “in a totalitarian society, uniformity and conformity are valued. Hence, the totalitarian state tries to separate the child from her family and mould her to its own design.” The law strives for a balance between protecting children and the privacy of the family: the state cannot take parental responsibility for children simply because it believes it would be better for them if it did so; it can only intervene where a child is otherwise likely to suffer significant harm.

One important area in which that delicate balance is challenged is in the regulation of home schooling, under the spotlight last week after Labour announced it would introduce a compulsory home schooling register in England to help tackle rising levels of school absence. The legal framework for home schooling is messy. Parents have primary responsibility for their child’s education, and can choose to educate them at home. But all children have the right to an education, and local authorities have legal duties to ensure all children in their area are safe and are receiving “suitable” full-time schooling.

There are a number of reasons why........

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