Table of Contents
On September 1st 2016 the Department for Education amended the Education (Pupil Registration) (England) Regulations 2006 (described as "Improving information in identifying children missing education") Home education part remains unchanged. READ MORE HERE AND HERE
Deregistering a Child from School
When parents want to remove a child of compulsory school age 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.
Schools are required to delete the name of pupil of compulsory school age 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
Not Compulsory School Age
The grounds on which the name of a pupil NOT of compulsory school age may be removed from the school roll can be found in paragraph 8 (3) (a) of the Pupil Registration Regulations (England) 2006. For a child who is to be home educated, the grounds are met if the pupil "has ceased to attend the school." In other words, the section 7 duty is NOT imposed on the parent until the child reaches compulsory school age, and the requirement for the parent to send written notification that the child is receiving education otherwise than at school does NOT apply.
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)
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 or permission for home education. Nor do the regulations say that the child must continue to attend the school until Part 4 of the statement or section I of the Education Health and Care Plan (placement) is modified. Home Education in the 2015 SEN Code of Practice link
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 or EHCP. 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 School8(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 - ...
(d) 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
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
Term time holiday judgment, High Court May 2016 https://edyourself.wordpress.com/2016/06/02/isle-of-wight-v-platt-high-court-judgment/
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 ten school days. See web archive DfE link on 2013 changes
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.