While I appeal ...can I home- school with no problem ?(14 Posts)
I have had good advise here in regard to the appeals process when we return home to the UK .
My other question :
Can I keep my DS12 home and 'teach' him while wait to see the out-come ?
I really don't want him to start one school ,emotions uniforms etc.. blah ...blah ...
I wouldn't have any problem with that situation here in the US ,but I am not up to speed with the UK these days lol !
Absolutely. It is commonly done. Home education can be done in the short-term or long-term, and does not affect the appeals process.
You don't have to inform anyone you are home educating unless you are withdrawing your son from school here to start HE. Just make sure you don't put quote marks around the word 'teach' if you should happen to correspond with the Local Authority about what you are doing.
As long as you formally tell the LA that you are home educating then there should not be a problem, however you should not be talking that long for an appeal. It has to take place within 30 school days for an in-year application and the result is usually available within a couple of days of the appeal.
Yes you can - any parent is entitled to home educate their child, and you can continue with the application/appeals process while home educating. There's a whole home education topic if you want any more detailed information, but basically you just have to make sure he is getting an education "suitable to his age, ability, aptitudes and any special needs"
You do not have to inform the LA, formally or informally, that you are home educating. They may ask, and at that point you tell them that you HEing but if they don't ask, you don't have to tell anyone.
Saracen -lol Thank you ...I won't write it like that
Thank you admission for your help too ,I really appreciate it !
As your intention is to HE whilst the appeal is in progress, I agree with Admission that you should formally tell the LA. There is no legal requirement for you to do so but in this situation it would be a good idea to keep them fully informed.
The LA may want to discuss how you intend to provide an education for your son. You must respond to their questions otherwise they are entitled to assume that you are not providing an education and take action accordingly. Whilst you can challenge this action it is best to avoid getting into that situation.
Thanks for all the extra points added since I last posted -I am very grateful
Returning to the UK is a challenge ,but I am glad to be coming home
I'd love to know the reason why it would be a good idea for someone to inform an LA of the educational arrangements they were making while awaiting a place at the state school of their choice. I don't understand what business it is of the LA.
In fact, as a home educator, I would under no circumstances inform the LA that I home educate. Since they don't offer ANYTHING by way of resources, useful advice or support, why on earth would I invite a bunch of people with no personal experience of HE at all to judge the bespoke educational provision I am making for my family?
You may not like it but it is the LA's business by law.
If it appears to the LA that a child is not being properly educated they are required to issue a notice to the parent asking them to show that the child is receiving an education. If the parent fails to answer or their answers are unsatisfactory the LA must pursue the parent for failing to ensure their child attends school. As the OP will be waiting for a place at a state school the LA will know that her child exists, is of compulsory school age, has applied for places in state schools and is not attending any state school. In the absence of any other information it will appear to them that the child is not being properly educated. If the OP informs them of her intention to HE she will avoid that, although they may still want to ensure that the education being provided is suitable.
Another consideration is that it can be easier to win an appeal if the LA is on your side (not that they are allowed to be officially on your side but the strength with which they make the case to refuse admission can vary). They certainly won't be on your side if they think you are refusing to send your child to school in an attempt to blackmail them into giving a place at the preferred school.
"In the absence of any other information it will appear to them that the child is not being properly educated."
No, in the absence of any other information it will appear to them that they lack information! The reasonable course of action would be to simply write the parent to ask what arrangements are being made for the child's education, at which stage the parent would be well advised to respond. If the LA doesn't happen to ask, there's no obligation for the parents to go out of their way to generate unnecessary paperwork and potentially unwelcome intrusion into their home education.
"They certainly won't be on your side if they think you are refusing to send your child to school in an attempt to blackmail them into giving a place at the preferred school."
You've lost me with this argument. Wouldn't they be more likely to think that such a blackmail attempt was underway if doley makes a point of informing them she is HEing (despite the fact she isn't required to inform them) than if she just quietly gets on with the business of home educating without drawing attention to it?
Not that I think LAs should be viewing a parent's choice of educational setting with such suspicion anyway. I would be inclined to give LAs the benefit of the doubt and expect them to believe a parent has chosen an educational setting because it's what the child needs.
I don't doubt that some parents make idle threats in order to try to manipulate the appeals process. But LAs shouldn't be assuming this is going on in the first instance. Is it really so bizarre to want to await the outcome of appeal before putting the child into a school from which he may be uprooted soon?
I used that wording because that is what the Education Act says. It is, in effect, the same as what you have said. If the LA has reason to believe that a child may not be receiving a suitable education they send a letter to the parent asking them to show that the child is receiving an education and giving them a deadline by which they must do so. This letter may ask for details of the education being provided. If the OP informs them of her intention to home educate she may avoid this.
A parent who says, in effect, "you haven't given me the school I want so I am not going to send my child to school until you let them in" is very different to the parent who says, "I don't like the schools you've offered me so I am going to HE while I appeal and, if my appeal fails, I will continue to HE." The former is a clear attempt at blackmail. We all form judgements based on experience. The experience of most LAs would lead them to suspect the blackmail scenario in the absence of any other information.
Of course, the primary responsibility for a child's education lies with the parents. However, the local authority is required by law to take certain actions if it appears to them that a child may not be receiving a suitable education.
If the OP had not applied for a place at a state school and/or was not now appealing I would agree that there is no reason for her to inform the LA of her intentions. However, in this situation my experience suggests that keeping the LA informed will help to keep them onside and avoid unnecessary paperwork.
I know many parents who HE are touchy about LA involvement and I would not suggest that they should all let the LA know what they are doing. However, I am trying to advise the OP and in her particular situation I personally think it would be a good idea to keep the LA informed of her intentions.
OK, well, now we've all given her our 2p worth so she should be in a good position to decide which way she wants to play it as far as informing the LA!
Yes,Thank you all
I think all your help has been worth a bit more than 2p though lol
Shall we say $$$$$$
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