Can the LA really refuse to deregister dd from SS?

[Iceflower]

I have asked to deregister dd, and at the AR today, I was told that it was likely permission would be denied, as there was no evidence (apart from mine) that dd couldn't attend.

I thought permission couldn't reasonably be denied? What does "reasonably" mean anyway?

It surely needs to be the other way round? That the SS would need to argue that your daughter's needs could not be met at home?

I hope someone will be along soon with more expert advice - go and google home ed special needs and you'll find a website with a mailing list. There is a huge amount of expertise on that list!

ommmward Thanks for reply, I do subscribe to a HE list but thought I'd garner as many views as possible! I'm being threatened with CAHMS, Social Services, etc, and worst of all, a home tutor . When she was last inflicted a home tutor. she retreated to her room for months .

Another HE has also said what you did, it's not about whether the school can meet her needs, but that I can. I wish I had thought of that at the AR.

Hi

The wrong model seems to be used here.

Home education isn't a different type of provision available to a very few families who can convince the LA (or a tribunal) that a place should be found and that it should be paid for by the LA.

If this were the case, then it would be relevant for you to have to prove that the current provision wasn't meeting your daughter's needs, in order to justify your entitlement to an alternative. (I presume you AREN'T in fact asking for the LA to pay for something such as online school?)

But home education doesn't work like that.

You don't have to prove that you can do "as well as school" or that "school has failed." You just write to the local authority (since this is a special school?) and ask for consent to withdraw your child for home education.

Before the statement can be modified by removing the name of the school, the LA will need to be satisfied that home education will accommodate your daughter's SEN as listed in Part 2 of the statement.

It's not the parent's responsibility to carry out anything which is specified in Part 3 of the statement, as this only applies to institutions and not to the home.

I have lots more info about home education and SEN and deregistration here
edyourself.org/articles/helaw.php#specialneeds
edyourself.org/articles/deregistration.php

Thanks Fiona. I have just emailed the Education Officer and wrote basically what you said. I also forwarded a copy of an Education Philosophy I have written for dd.

The EO didn't seem well briefed, given that I submitted my dereg letter about 4 weeks ago, and came out with lines like "are you a trained teacher", "dd legally has to attend school", "if we don't agree to deregister, you will need to appeal to tribunal". She kept saying the school could meet her needs.

Well, she's been told now .

Thanks for the links, I think I read some of them a year ago but will refresh my memory.

Re the LA paying for anything, I was vaguely hoping that when personal budgets are being handed out, we could get in line

Re "personal budgets" do you mean direct payment system or the new Education Health and Care Plans announced in the SEN Green Paper?

I've been asking all the SEN Pathfinder Pilot LAs what they are doing about home education and the answers so far are here
edyourself.org/articles/sengpfoi.php

Pathfinder Areas

Brighton and Hove East Sussex Hampshire Kent Medway Surrey West Sussex Cornwall Isle of Scilly Devon Wiltshire Bromley Bexley Greenwich Lewisham Hertfordshire Northamptonshire Leicester City Council Nottinghamshire Solihull Trafford Oldham Rochdale Wigan Manchester Gateshead Hartlepool Darlington Calderdale North Yorkshire

Yes Fiona, I am apparently the consultant on my LA pathfinder, according to their response

It's now been over 4 weeks, and still they keep me hanging on .

Oh well, the LA obviously doesn't mind spending tax payers money on an independent placement which dd will never return to