To invoke the ‘otherwise’ option for school absence?

Excluding som SEN or SS situations which have their own things going on; There aren't laws preventing you temporally de-registering from the state provided education, taking responsibility, and later abdicating that and re-registering for state provision.

There aren't laws requiring the school to hold open a place for them once you de-register. The LEA becomes responsible for allocating your children a school when you re-register.

Attempting to abuse the Education act for the benefit of holidays and fine avoidance, could see your children on SS CIN register, if someone takes exception, as some red flags fluttering there..

If it is a private school, yes, you can.

A friend of mine took her son out of Senior school during covid times as she had underlying health issues & high risk for a few months. He had to come 'off role' & reapply to the school, thankfully there was a space. She did actually home educate him & took her responsibility very seriously.

they are going on holiday is what they are doing.

You cannot temporarily de-register. You can choose to home educate, but then you’ll need to re-apply for a space. If there’s a waiting list for the school in their year group then your child’s place will be given to the child at the top of the list.

What a pompous email, it sounds like you asked AI 'what happens if' ... the HT would release that space before you'd even taken off for whatever educational trip I'm sure you're trying to make it out to be and then your child has no school place.

YABU to think that copying and pasting some legislation into a letter will enable/entitle you to circumvent the policies in place, regardless of your view of those policies.

YANBU to deregister your children, YABU to expect the school to hold a place for them and YABVU to - it would appear - take your children out of education to avoid a holiday fine with no apparent intention to provide them with an actual education (I'm pro-homeschooling, but not just so you can go on a jolly and 'educate' your child with a guided tour of the resort and some poolside reading, or whatever you have planned.)

Just talk to the head and explain what you want to do, no need for a longwinded letter quoting the law at them which is guaranteed to piss them off.

A friend of mine took her two junior school age kids on a 6 month trip around the world, talked to the school about it well in advance, and was confident the older one would almost certainly get back in because they had a few spare places in that year, but that they were taking a gamble on the younger one being able to get back into the school that year. In the end it was fine and both kids got back in and the school were fine with it, because they had been honest from the start.

You don't get to decide that their withdrawal is temporary.

Just pay the bastard holiday fine, why would you risk your Childs education and place at school?

@Elleherd I had wondered if something existed but not looked into it, that’s really interesting to know 😊

That's interesting. I had no idea that system existed. We live and learn.

No, there is not law to stop you deregistering the children, except if they’re in a special school or if SS are involved it can cause complications. But once you deregister your child the school needs to offer that place to anyone on the waiting list. So if there are students on the waiting list, or some apply in the mean time or the LEA place them their under fair access there may not be space for your child when you re apply.

It's not exactly no questions asked - it's pre arranged.
Children in the traveling community can hold a 'green card.' It means they have and attend a base school where their reccords etc are held, but can move around (sometimes enforced moves, sometimes for parents work) and turn up at another school with the card get it stamped, and temporally be educated there.

also school fines come from the Local Authority and the LA will want to ensure that you are indeed offering an education - so would definitely be aware if it was a holiday

When you took school place you agreed to followthe rules....
Whatcare the dates covering? A holiday of 2 weeks? 3 ? 6 months?
Or two months travelling?
Yes you can withdraw but
Either way no it will not work if you trying to avoid a fine ... de register and go back on wait list/re apply asmid year application if you want to come back after 6 weeks etc

Is the school over subscribed? Falling birth rates where we live mean that, in KS1 at least, all of the primary schools have places and there just aren’t waiting lists. It is totally different to how it was even a few years ago. So here, whilst I don’t think I’d want to go to the hassle of de-registering, re-registering and demonstrating that I was providing an education, I don’t think that there is much risk of there not being a space in the same school when you eventually decide that it fits in with your diary.

Lol!!! The audacity of this. To think that they would not get any funding for your child, and potentially keep a different child out of education, to save you a space. No of course they won't do this!

If there are less than 30 as it is you could risk it.

As PP had said, the only exemptions I’ve seen where places were held were for children belonging to the travelling community. DC had traveller kids in her class who would stop attending after May half term and return after October half term, no questions asked. Both girls were permanently removed from school after may half term in yr5.

There’s no right to do what you are suggesting. If you withdraw you will lose your child’s place. Is it a popular school? The pla
may still be available if not. How long is the proposed absence?

Your child is either registered or de-registered, there is nothing temporary about it. Your child is either registered and you are potentially fined for keeping them off school or your child will be automatically deregistered. If you de-register you go to the back of the queue to get them registered. There is no other legal way around this.

Yup!
This will definitely be the talk of the staff room …

This doesn't work legally. You can absolutely deregister. However the school is not required to hold a place open for you and will not hold the place open for you. It will be offered to any child who needs it.

I'm sorry I'm not quite sure whether you would classify as being otherwise, from reading others responses
Maybe The Family Rights group might be able to confirm for you? Wishing you&your Children the utmost best 💚

Oh Op, you & your kids might love the "otherwise" education that you will provide.

How can you be so sure when it will end?
😂

I think there is some clause that allows head teachers to keep the child registered but not on-roll, designed for medically unwell children and siblings (eg undergoing cancer treatment some distance away from home) but you could explore if you could make use of this?