Can I legally take my child out of school for a few times a week for private tutoring?

[givemesomewineplease]

We have a messy situation in my child’s class. A disruptive few years of teachers for short periods, then supply teachers filling in holes. Currently yr 5 (state, 1 form entry school). The latest teacher just left so we are going through it again. We are all sick of it and our children are suffering in their work and mental health. What legal grounds do I - and other parents (potentially a group of up to 8 of us) - have to remove our children from school for 2-3hrs, 2 or 3 days a week in the afternoon for focused private tuition to ensure they are continuing to progress? We are making the plans now but as yet haven’t informed the school. I would like to know if they can legally stop us or force our children to leave the school? Any advice gratefully received.

Why not just arrange to do it after school?

You will never get permission for this and therefore these 'absences' will be classed as unauthorised. Good luck with the fines.

Iirc (having home-schooled last year), you can legally remove them from school altogether, but part-time home-schooling can only be allowed with the head teacher's blessing.

Probably worth at least talking to them: they
May be sympathetic.

There are plenty of hours outwith school times for this.

OKBobble - because the school have over 6 hours a day to educate my child and in that time they fail to do so. My child does lots of fun extra-curricular activities after school, including music lessons, which I refuse to stop because of a school failing in basic education when they have plenty of time to do so. I’ve been advised it’s too disruptive to move my child at this stage so educating them during school hours while the school is failing to do so seems the best option - insane as it may sound! The head is absolutely impossible to communicate with ... hence the class being in this situation ... and is only part-time anyway so the school is not well managed. If we’re made to have a part-time head, why not a part-time pupil! My only wish is to give my child an inspiring all-round education. So it seems, in answer to my legal question, the only way this can happen is to get the head’s permission (which will never happen) or to pay fines (probably worth it to ensure my child actually learns something for the rest of the year, how depressing).

Why don't you all move schools?

But talk to the head.
May be the head will allow your tutor in just as they woukd a music teacher

Have you spoken to the governors / Ofsted/ LEA

There is the registration code: ‘Educated Off Site’.

But it may honestly be better to move schools. Look at your other options.

I am writing to the governors and maybe I should also contact the LEA? The tutor we want is the teacher who they have had for the past two terms, but who won’t teach at the school any more. So we literally just want this teacher to continue taking our children through the curriculum and we’ll pay him. I know it all sounds extreme and bonkers but it’s where we are - I’ve already removed another child from the school for a similarly badly managed teacher situation but this far into yr 5 would not be good to adjust to a new school, bearing in mind 11+ comes up soon. I also have a younger child so 3x school runs physically impossible. Ah well, thanks all for your input - I can’t believe we are even considering this! I will write to the governors - we’re all trying to speak to the head but it’s a hopeless cause.

There is such a thing as flexi schooling www.gettherightschool.co.uk/what-flexischooling.html

If apply to the head / governors for permission to flexi-school your child. As there's more than 1 family involved, I think you'd get them to at least listen with careful consideration.

Surely moving schools would be a lot less disruptive than being in and out of school like you want?

Do you know if the teacher you would like is willing to take this on. Presumably he would need to be self employed to do that and what about tax and pension? If he does that until the end of the academic year, what then? He will have broken service and might find it difficult to get another job. Unless he’s doing permanent supply.

I’ve been advised it’s too disruptive to move my child at this stage

Advised by whom?

Surely if your child is the kind who loves learning, moving schools is unlikely to dent that enthusiasm?

And we have flexi-schooling in our LA but it’s a short-term arrangement for situations such as illness, and with the expectation that the child will return to full-time once the situation has been resolved.

OP I just want to say I take my hat off to you for exploring other options to meet your child's needs. It sounds like you're doing/Bout to do all the things you need to. I.E speaking with Ofsted etc. Is there no way that you can arrange a meeting with the school in the first instance?
I can understand that you wouldn't want to move your child, especially if they've formed peer groups. From what you've said, it sounds like your child isn't being supported to meet his full potential.
I hope some sort of flexi schooling plan is available for you.

Good luck OP

About*

My ds started a new school at the start of y6 so that he could move up to secondary with a big chunk of his classmates. I think that it was kinder to do it then than have him start y7 knowing nobody.

Unlikely to be authorised so yes you'd risk fines or potentially prosecution. This may depend which hours they are out for though (if they miss AM/PM marks or not).

It isn't too disruptive to move. What you're suggesting in itself sounds disruptive! If it is really that bad I would be looking elsewhere.

I'd like to see the council take this one to court to enforce the fines. I can't see any reasonably magistrate finding in their favour! It would probably end up in the news too.

So the teacher who wouldn’t stay at the school is now willing to take over and do private tuition in school time? Words fail me. He should have stuck with the class until the end of the year. He must have known he was causing even more grief! I get that he hated his job but the children should have kept him until the end of the year.

I'd move them. I've seen many move in year 5 and settle brilliantly. It gives them the rest of Y5 to get used to the new school and all of Y6 to practice for exams. Get a tutor for the 11+ (in my experience, lots do anyway).

WRT fines, in my LA those can only be issued for absences of three or more consecutive days. As you wouldn't reach that, they may not be able to fine you. However, it's worth noting that if you get three fines in your child's academic life it can translate into a criminal record for you.

I get that he hated his job but the children should have kept him until the end of the year.

I've been there, and it's not always possible. I felt incredibly guilty about leaving the kids but ultimately my mental health needed to come first. Working under a mad head can be soul-destroying. It was not an easy decision and left a huge black spot on my CV- if I could have stuck it out, I would have.

Yes but this teacher is now setting up a business which requires parents to take DC out of school and go to him so he gets paid by them. That sounds very odd to me.

Who has advised you it's 'too disruptive' to move schools? I would disregard their advice. If you think the school is not up to scratch, then as a parent, find one that is. Year 5 you say.... Not GCSEs or anything then? Get them well placed for secondary applications?
Of course you can't just take your child out 2/3 afternoons a week with no repercussions. I would say that would be just as 'disruptive' to their education (longer term) as moving school would be (short term).