Deregistration

Legal references on this page apply to England.

The Department for Education is seeking views on proposals to change amend the Education (Pupil Registration) (England) Regulations 2006. This is described as "Improving information in identifying children missing education" The consultation closes on March 7th 2016, and it is proposed that the changes will come into effect in September 2016

What is proposed is that all schools (including independent schools) would be required to inform their LA in every circumstance when they are about to delete a pupil’s name from the admission register; inform their LA of the pupil's destination school and home address if the pupil is moving to a new school (where they can reasonably obtain this information); and also inform their LA of all new pupils, including the pupil's address and previous school (again where they can reasonably obtain this information) within five days of registering.

At the moment, schools are only required to notify the local authority that a pupil's name has been deleted from the school roll 1/ when the pupil has ceased to attend and is to be home educated; 2/ has moved out of the area; 3/ has been certified as medically unable to continue attending; 4/ is detained under a court order; or 5/ has been permanently excluded.

Summary of Proposed Changes From September 2016

In future, DfE says schools will have to notify the authority in the following circumstances:

  • pupil stops attending school named in school attendance order
  • pupil stops attending one school while registered at two schools
  • pupil has not returned for 10 days after authorised absence, is not believed to be unwell, and neither the school nor the local authority knows where the child is (NB The school and LA will also now be required to work co-operatively in investigating)
  • pupil has been absent from school for 20 days (continuous) without authorisation
  • pupil has died
  • pupil stops attending other types of school (independent?)
  • pupil reaches end of compulsory school age and will not be returning to school
  • pupil who has been attending nursery doesn't continue to primary
  • pupil leaves boarding school, fees unpaid

ENGLAND ONLY


Deregistering a Child from School

When parents want to remove a child from the school roll in order to home educate they need to go through the deregistration process. This involves writing to the headteacher or proprietor of the school. It is not necessary to seek permission or approval to home educate. The only exceptions to the simple notification process are where the child is a registered pupil at a special school or where the child is currently attending school subject to a School Attendance Order. The grounds on which a child's name is to be removed from the school roll may be found in paragraph 8 of the Pupil Registration Regulations (England) 2006
NB Government proposals to introduce a delay before deregistration were dropped in May 2011. This was announced in a parliamentary debate which you can read about here DfE web page on School Attendance now moved to GOV.UK

Schools are required to delete a pupil's name from the school roll if the pupil has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school. As soon as the school receives such notification from parents, it must inform the local authority. The law refers to "making a return" to the local authority ie the school's legal duty is to tell the authority, not to ask the local authority whether it should obey the law or not. The law does not provide for the school to keep a pupil on roll while "background checks" are carried out. More


Taking Child out of Special School

If the child is a registered pupil at a special school, the parent requires consent from the local authority before the child's name can be removed from the school roll. Special school deregistration is covered by 8.-(2) of the Pupil Registration Regulations, NOT 8.1. Consent must not be unreasonably withheld. The regulations do not stipulate that the parent must seek consent for home education. Nor do the regulations say that the child must continue to attend the school until Part 4 of the statement (address of school) is modified. More information on modifying Part 4 of the SEN statement may be found in paragraph 8.96 page 114 of the Special Educational Needs Code of Practice (Consent is NOT required for children with special needs attending mainstream schools).


Some local authorities wrongly believe that a child becomes registered at a school by virtue of the school's being named on the statement of special needs. This is not the case. Over the past fifty years the position has changed from a child not being a registered pupil until he/she has attended the school and been entered on the register, to the current position which is that the child is a registered pupil from the "expected first day of attendance" which is the first day that the parent has agreed or notified the school that the child will attend. Click here to read more.

Writing Deregistration Letter To the School

"8(1)(d), a 'school-age' pupil's name is to be deleted from the admissions register if:
He has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school."
The Pupil Registration Regulations (England) 2006.

No Delay in Removing Child's Name from Register

"12(3) As to the contents of the admission register comprising particulars relating to a pupil whose name is to be deleted in accordance with regulation 8(1)(d), (e),(g),(i) or (m), the proprietor shall make a return to the local authority for every such pupil giving the full name of the pupil, the address of any parent with whom the pupil normally resides and the ground upon which their name is to be deleted from the admission register as soon as the ground for deletion is met in relation to that pupil, and in any event no later than deleting the pupil's name from the register."
The Pupil Registration Regulations (England) 2006.

Deregistering Child Who Is Subject To School Attendance Order

http://www.legislation.gov.uk/uksi/2006/1751/regulation/8/made

Deletions from Admission Register
8.—(1) The following are prescribed as the grounds on which the name of a pupil of compulsory school age shall be deleted from the admission register—
(a)where the pupil is registered at the school in accordance with the requirements of a school attendance order, that ... the order is revoked by the local education authority on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability and aptitude otherwise than at school

Therefore where the child has been registered as a pupil with a school following a School Attendance Order, any parent wishing to home educate must first write to the local authority and ask for the SAO to be revoked on the grounds that arrangements have been made for the child's education. The LA may ask for further information. The order must be revoked before the child's name can be successfully deleted from the school roll.

Family Holidays: 2013 Amendment to Pupil Registration Regulations

This amendment came into force on 1 September 2013. The Education (Pupil Registration) (England) Regulations 2006 previously allowed headteachers to grant leave of absence for the purpose of a family holiday during term time in "special circumstances" of up to ten school days leave per year. Headteachers could also grant extended leave for more than ten school days in exceptional circumstances. Amendments to the 2006 regulations remove references to family holiday and extended leave as well as the statutory threshold of ten school days. The amendments make clear that headteachers may not grant any leave of absence during term time unless there are exceptional circumstances. Headteachers should determine the number of school days a child can be away from school if the leave is granted. See web archive DfE link on 2013 changes

Exclusions

There are 2 kinds of exclusion - fixed period (suspended) and permanent (expelled). A fixed period exclusion is where your child is temporarily removed from school. They can only be removed for up to 45 school days in 1 school year. If a child has been excluded for a fixed period, schools should set and mark work for the first 5 school days. If the exclusion is longer than 5 school days, the school must arrange full-time education from the 6th school day. Permanent exclusion means your child is expelled. The local council must arrange full-time education from the 6th school day.

GOV.UK page on exclusion from school


Link Reference

This article is http://edyourself.org/articles/deregistration.php. The following links to other websites are contained in the article, displayed as citations to aid you in printing the document.

  1. READ MORE ABOUT THE CONSULTATION HERE http://edyourself.org/articles/pupilregconsult.php
  2. DfE web page on School Attendance now moved to GOV.UK http://www.legislation.gov.uk/uksi/2006/1751/regulation/8/made
  3. More http://edyourself.org/law.pdf
  4. Special Educational Needs Code of Practice http://www.legislation.gov.uk/uksi/2006/1751/regulation/8/made
  5. here http://edyourself.org/articles/expectfirstday.php
  6. The Pupil Registration Regulations (England) 2006 http://www.legislation.gov.uk/uksi/2006/1751/regulation/8/made
  7. The Pupil Registration Regulations (England) 2006 http://www.legislation.gov.uk/uksi/2006/1751/regulation/12/made
  8. http://www.legislation.gov.uk/uksi/2006/1751/regulation/8/made http://www.legislation.gov.uk/uksi/2006/1751/regulation/8/made
  9. remove references to family holiday and extended leave as well as the statutory threshold of ten school days http://www.legislation.gov.uk/uksi/2013/756/introduction/made
  10. web archive DfE link on 2013 changes http://webarchive.nationalarchives.gov.uk/20130123124929/http://www.education.gov.uk/schools/pupilsu
    pport/behaviour/attendance/a00223868/regulations-amendments
  11. Expected First Day of Attendance http://edyourself.org/articles/expectfirstday.php
  12. School Attendance Orders http://edyourself.org/articles/sao.php
  13. Education Requirements in Child Employment http://edyourself.org/articles/childemployment.php
  14. Educational Philosophies http://edyourself.org/articles/edphilgeneral.php