To invoke the ‘otherwise’ option for school absence?

[KuanKaKu]

AIBU to send this letter in and request temporary de-registration?
WWYD if you are a Headteacher and received this?
Dear Headteacher,
I am writing to inform you that for the period xxx 2026 to xxx 2026 inclusive, my children, [Child’s Name(s)], will be receiving their education otherwise than at school, in accordance with Section 7 of the Education Act 1996, which places the legal duty for securing a suitable education on me as the parent.
Section 7 states that:
“The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to his age, ability and aptitude, and to any special educational needs he may have, either by regular attendance at school or otherwise.”
During this period I will be exercising the “otherwise” option. As such, my children will not be attending school between these dates. You may therefore treat them as temporarily deregistered for this period, as their education is being lawfully provided by me.
This is not a permanent withdrawal. My intention is for them to return to school-based provision on xxx 2026.
For clarity:
Parents are the duty-holders under Education Act 1996 s.7 with the right to elect for education “otherwise”.
Elective Home Education does not require the school’s permission (DfE Elective Home Education Guidance, 2019).
Temporary periods of home education are legally valid where the parent is providing suitable education under s.7.
Compulsory school attendance requirements under s.444 apply only where the parent is relying on school attendance to discharge the s.7 duty, which is not the case during this period.
Please confirm receipt of this notification for your records.

I’m not sure that you could temporarily with them. You’d need to check that out. I think that if you off roll them then you’d need to re apply for a school place and there’s not really a guarantee that the place would still be available. That was my understanding but correct me if I am wrong.

How long are you taking them out for? Is it for a holiday?

If they have a place at the school, they are expected to attend. If you withdraw them for home ed, they lose their school place.

In principle, you can't take them out of school and assume they can go back whenever you like. If the school has places, they will give you one. But they can't hold a place open for you.

So you don’t think specifying the ‘otherwise’ option is temporary will keep the place/s with full time education?

You can't hold the space. You're either home educating or not.

No, it almost certainly will not. Once you off-roll your child the space will be offered to the next person on the waiting list (if there is one).

No. Because if your child has a place, their non attendance is counted towards the school's overall attendance. Which is a key performance metric for schools. So they have to take you off role.

You sound like you think you have found a clever work around the law but there really isn't one.

I'm not a legal expert but I would be astonished if you could hold onto your school place simply by announcing that the withdrawal is temporary. This would surely just result in parents "temporarily home educating" every time they wanted to take a term-time holiday or whatever.

You have a right to withdraw your child from school to home educate. I don't think you should expect the school to keep your child's place open for them.

You can’t just temporarily deregister. Either you want the school place or you don’t but after 3 weeks of absence the school can just remove them from roll.

I think you'd be better moving this to Legal Matters, I suspect that if, as I suspect you think, you have found a loophole to take your kids on holiday, avoid a fine and still have a place when they get back. You will be disappointed.

No, unfortunately you are either home educating and don't need to be on roll at the school or you are not. Otherwise all parents would do this every time they wanted a holiday.

Is there a law that prevents temporary de-registration? People are saying no you can’t temporarily de-register your child but are not providing the legal basis to this. Does anyone actually know if the request in the letter is legal?

Ok thanks

Surely they would have to de register you as everyone else says. Otherwise everyone would just do this and it would be chaos! You’re in or you’re out you can’t have it both ways. Not fair to hog a space you’re not using until you deign to send your child back.

They stop receiving funding if they take you off the roll, but still need to pay teachers, office staff, etc. so they fill the space as quickly as they can

This is correct.

As far as I know, there is no law to prevent you from deregistering your child from school and then re-registering them.

However, I'm also unaware of any law which requires schools to hold places open for children who have been deregistered.

On what grounds do you believe that the school would be required to keep your child's place open for them if there are others on the waiting list for places?

You can deregister but don’t expect to be able to just rock up back to that school, they cannot hold the place for you. Also pretty selfish ask as their funding is per enrolled child so you’re affecting the whole school.

if it’s for a holiday just say so and pay the fine.

It's not a law that prevents it, they could allow it under some kind of exceptional circumstances authorised absence or flexischooling, or even deregister your child but hold the place (without getting any funding) until they returned - but why would they?

If they did agree that they'd either be missing out on the place funding or be taking a massive hit on their absence figures, which they're judged on AND not be able to better guarantee your child's quality of education and safeguarding. They would gain absolutely nothing and risk quite a lot.

Agreed. If you de-register, you de-register. They are removed from the register, and funding stops from that date.

If there is still a space when you return then great, you can request to be re-enrolled, but there is no guarantee.

No.

I'm getting Freeman of the Land vibes here.

In my LA (and this may be law so applicable everywhere, I don't know) schools are required to keep the place for 10 school days after deregistration to make sure the parent understands what home education entails. It is possible that your scheme could work here, depending on your dates, if you then "changed your mind" (your temporary deregistration idea wouldn't wash, you would have had to say you were pulling child out).

However:

1 - that relies on you, the school, and the LA all understanding and applying the rules correctly. Trying to sort it out if it doesn't work would be horrendous and your child would have gone on holiday and then found they couldn't go back to their school

2 - you would be doing admin while on holiday to facilitate this. Our LA does a home visit - you wouldn't be around for that either

3 - it would be a lot less bother to pay the fine

4 - the amount of work for office staff and head etc doing this would be huge, for no real reason because...

5 - fundamentally you would be being dishonest. You aren't interested in home ed, you want a holiday

6 - I suspect you will damage your relationship with the school you want your child to be at by all of this nonsense.

Why are you making such a song and dance about it with that word salad letter? Just withdraw them if you want to. Headteacher won't give a shit.

Let's not pretend there's any "education" involved in this, OP.

I’m fairly certain school can’t offer a place to someone when you ‘de-register’ and say oh but it’s just a temporary place for x months until another child fancies to return.

if you de-register then you’re off role. When you return you will go back on the waiting list at a suitable place as defined by schools criteria ie distance, sibling etc.

friends of ours did this. They lucked out because one siblings class was undersubscribed so they got in. The. The other sibling got leapfrogged to the top of the very long waiting list for the other class due to sibling priority trumping distance and got the next a slot the next term. But if your schools not undersubscribed it’s a gamble