De-registering | Mumsnet

Shiningstarr · 2022-04-25T20:05:33+00:00

Hi, I'm de-registering my DD (11) from primary as she has been bullied since January and it's affecting her mental health. She's got a place in secondary school in September, which is a different one to the pupils from her primary will be going to. As I understood, I just need to write a letter to the headteacher, saying I will now be home educating DD with immediate affect. I don't need to give the reason. Is this correct? I filled in the absence form online today, saying DD would not be in this week and I will be de-registering her, and I would send the letter in confirming this this week. I had a snotty email back, saying if I was considering de-registering, there is an official process they have to follow, and until this is authorised and completed, DD will remain registered. They then said DD's teacher would be in touch to discuss. I don't want to discuss anything. Any advice? We are in Wales if that makes any difference.

Gliblet · 25/04/2022 21:19

Well, they're not wrong about there being a process that THEY have to follow, but that's very much a 'them' problem. It's not uncommon for schools to think they have the power to give or deny permission to parents though.

Send them a nice clearly worded letter, addressed to the Head, stating that your child will be deregistered and will no longer be attending x school as of (date), and enclose a copy of the Government's official requirements for parents wishing to HE in Wales (which just says 'you need to tell the school').

gov.wales/elective-home-education-information-leaflet

Original poster

Shiningstarr · 25/04/2022 21:48

Gliblet · 25/04/2022 21:19

Well, they're not wrong about there being a process that THEY have to follow, but that's very much a 'them' problem. It's not uncommon for schools to think they have the power to give or deny permission to parents though.

Send them a nice clearly worded letter, addressed to the Head, stating that your child will be deregistered and will no longer be attending x school as of (date), and enclose a copy of the Government's official requirements for parents wishing to HE in Wales (which just says 'you need to tell the school').

gov.wales/elective-home-education-information-leaflet

Thanks, I just had a bit of a wobble when they emailed me today. I've found an excellent template online and have just emailed them.

There's nothing to discuss, I'm glad I don't have to.

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Saracen · 25/04/2022 23:46

That's great. You can now ignore any further communications from the school.

If they get snotty and if it would give you pleasure to do so, you could observe that your letter was an instruction and not a request, and that failure to remove your daughter's name from the register promptly upon receipt of your letter would place the headteacher in breach of the law and liable to a personal fine. But it's easier just to ignore them and let them figure it out!

Original poster

Shiningstarr · 25/04/2022 23:49

Saracen · 25/04/2022 23:46

That's great. You can now ignore any further communications from the school.

If they get snotty and if it would give you pleasure to do so, you could observe that your letter was an instruction and not a request, and that failure to remove your daughter's name from the register promptly upon receipt of your letter would place the headteacher in breach of the law and liable to a personal fine. But it's easier just to ignore them and let them figure it out!

Thanks, I really appreciate your reply.
I'm looking forward to ignoring them 😊

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Saracen · 26/04/2022 11:04

So the next step is that the school must inform the LA that your child has been deregistered. At some point the LA will get in touch to ask about how you are home educating your child. These days, most LAs are quite quick off the mark with that. Like schools, many LAs are somewhat clueless about home ed law and/or don't care, and attempt to mislead parents into thinking that whatever bureaucratic hurdles they have dreamt up are binding on parents.

Unlike schools, LAs do have some remit with respect to home educated children, so it is sensible to engage with them, at least so far as to answer their correspondence and challenge them about the legal basis for their demands. LAs often make initial contact by telephone; some have even been known to turn up on the doorstep without an appointment expecting to be let in! You can instead ask them to write to you, which ensures there is a good paper trail and no misunderstandings. This also give you time to find out whether you really have to do whatever they are asking you to do, and consider how you want to respond.

You do not have to allow them to meet you and your child at home (or at all). You can instead send a report describing the education you are providing. This means there is no risk of the LA applying personal prejudice or misinterpreting what you say, or frightening your child by telling them (for example) that if their work isn't up to scratch they will be forced back to school. On its website, the home ed charity Education Otherwise has a template for report writing and offers a service where experienced volunteers check a draft of your report and suggest improvements. That way you can be confident that you've gone into enough detail and your report should satisfy the LA, who should then leave you alone for another year.

Saracen · 26/04/2022 11:17

The legal grounds for the LA's involvement is that if they believe your child is not receiving a suitable education, ultimately they can - after corresponding with you and giving you an opportunity to provide more information - issue a "School Attendance Order".

If you are confident they are wrong, you can refuse to comply, whereupon they would have to decide whether to take you to court. Courts nearly always find in parents' favour if the parents have had good advice and provided the court with information. (TBH the bar for providing a suitable education is not high. It doesn't have to be excellent, or better than the child would get at school; it just has to be adequate.)

Even if the court did find against you, you still would not have to send your child to school. You would be fined, and the LA would start the entire process over again, this time seeking an Education Supervision Order from the court so your child could be forced to school. At any stage, you can provide more information indicating that your child is now receiving a suitable education even if she wasn't before.

So you see the law is very much on your side, though LAs hope you won't realise that. All the same, most people prefer to just provide them with a good report rather than ignore them and risk court with all the associated stress and worry.

Original poster

Shiningstarr · 26/04/2022 11:20

Saracen · 26/04/2022 11:04

So the next step is that the school must inform the LA that your child has been deregistered. At some point the LA will get in touch to ask about how you are home educating your child. These days, most LAs are quite quick off the mark with that. Like schools, many LAs are somewhat clueless about home ed law and/or don't care, and attempt to mislead parents into thinking that whatever bureaucratic hurdles they have dreamt up are binding on parents.

Unlike schools, LAs do have some remit with respect to home educated children, so it is sensible to engage with them, at least so far as to answer their correspondence and challenge them about the legal basis for their demands. LAs often make initial contact by telephone; some have even been known to turn up on the doorstep without an appointment expecting to be let in! You can instead ask them to write to you, which ensures there is a good paper trail and no misunderstandings. This also give you time to find out whether you really have to do whatever they are asking you to do, and consider how you want to respond.

You do not have to allow them to meet you and your child at home (or at all). You can instead send a report describing the education you are providing. This means there is no risk of the LA applying personal prejudice or misinterpreting what you say, or frightening your child by telling them (for example) that if their work isn't up to scratch they will be forced back to school. On its website, the home ed charity Education Otherwise has a template for report writing and offers a service where experienced volunteers check a draft of your report and suggest improvements. That way you can be confident that you've gone into enough detail and your report should satisfy the LA, who should then leave you alone for another year.

Thanks so much for the info, that's really helpful. My DD only had one term left of primary, and she's got her place at secondary school, so I guess i will only have the LA to deal with for this summer term. 👍🏼

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5zeds · 26/04/2022 11:26

It’s not nearly as fighty as the school has made you believe. Just carry on like you do with the Dr if they have a dragon receptionist. It sounds really sensible to just regroup a little over the next term. I did the same with one of my children who will be graduating from a very good university this year.

Saracen · 26/04/2022 12:26

Oh yes, you did say it was just until the autumn, sorry! Never mind about the LA then. There is a good chance that when you tell them your daughter is going to school in September they will not bother to look at her education in the meantime, as there would be no point! Even if they thought you weren't educating her well, there would be no time for them to go through the legal process to push her into a primary school before the end of term.

You have scope to do whatever you think is best for your daughter. It doesn't have to be formal and there are no required subjects. She could learn about something which interests her and which she doesn't usually have time to do, throw herself into a project of some sort, or relax and play and recover from the bullying. Have fun!

Original poster

Shiningstarr · 26/04/2022 12:38

Saracen · 26/04/2022 12:26

Oh yes, you did say it was just until the autumn, sorry! Never mind about the LA then. There is a good chance that when you tell them your daughter is going to school in September they will not bother to look at her education in the meantime, as there would be no point! Even if they thought you weren't educating her well, there would be no time for them to go through the legal process to push her into a primary school before the end of term.

You have scope to do whatever you think is best for your daughter. It doesn't have to be formal and there are no required subjects. She could learn about something which interests her and which she doesn't usually have time to do, throw herself into a project of some sort, or relax and play and recover from the bullying. Have fun!

Thanks so much, honestly you don't know how much your replies to me have helped. We've had a lovely day today, been swimming this morning, we are cooking together shortly, then DD is going to a new 'teen tennis' group this evening.

Honestly the relief in my daughter is immense.

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