Where does DS stand legally?

[JessieOh]

Ds is about to complete year 12 in sixth form. For a variety of reasons he has struggled and we are coming to the conclusion that he would do better by leaving and going to college in September. We have booked to have a look around the college in an open evening.

His mental health is being impacted but not at the point of needing to see a professional and I don't think it would be obvious to teachers. But something needs to change to prevent it getting to that point.

If, after attending the college open evening he decides it is right for him, where does he stand legally with attending 6th form for the rest of this term?
Obviously we would let school know, but is it as simple as saying "DS won't be in, he's starting college in Sept" or will we have attendance officers checking up on him? What is the process and what should we expect?

Surely you just inform the school? If it's anything like when you move house they'll ask where he's going and that's it.

I don't think they will be concerned. Just tell them he has left. Is he retaking y12? Does he have summer plans?

He can legally leave on the last day of June if he’s 16 already. I would speak to the school and see what they say. Technically he should be in school and it’s not the same as moving house. You are not. They need to find a way to remove him from the roll without penalty. So be honest with the school.

Sixth from isn't compulsory so no attendance officer will be checking up on him.

I don't think anyone will care from a legal point of view.

Find a way to remove him without penalty? Can you elaborate.

It will be better if he completes the term because it may be noted in his report, it’s only a few weeks. If you do consider taking him out now speak to teachers first or it will be a non attendance, try to avoid that if you can.

You can deregister to electively home educate, you and he will need to find something useful for him to do for the next six weeks. Don't know if the council will get round to getting in contact

I think if he is struggling to the point of dropping out of school that he does need professional help sooner rather than later. Tell the school they may be able to help.

He is in 6th form so past school leaving age.

He is clearly over compulsory school age as he is in Y12, so he can leave any time he wants. The OP cannot be fined for non-attendance, nor will there be any involvement by attendance officers. However, I agree the OP should be honest with the school and tell them he is switching to college and will retake Y12. No need to talk about home educating as another poster has suggested.

iirc you can't start home educating for 6th form anyway.

There’s no issue. DD left year 12 at Christmas. Starting college September. Not even a note from school.

She’s been working and saving for a car, and is doing well. Just waiting to hear if accepted in her course.

He can legally leave on the last day of June if he’s 16 already.

The education leaving age in England is 18

Of course you can. The state doesn't yet own your child.

Just tell school, although it will be a long time without any routine /education.

I think if he is struggling this much counselling now would help.

Of course you can. The state doesn't yet

I think child benefit is impacted if you start 'home educating' post y11. As in you can't claim it.

The legal leaving age isn't still 16, is it?

Child Benefit requires ft education or training until 19.

There's no point pretending you're going to be home educating with 6 weeks left of school. Just advise school that he will be leaving and starting college in September. Many Yr12s in dds school dropped out around May, school weren't fussed and preferred to focus on students carrying on into yr13. I can't see anyone actually checking up on him unless they thought there was a major problem.

@ArseInTheCoOpWindow
not quite

www.gov.uk/know-when-you-can-leave-school

@Crocky

I said education leaving age, not school leaving age.

I have no intention of pretending to home educate. We have been liaising with the school and have an open working relationship. We will be honest with them, it won't be a case of him simply not turning up. We want to do it the right way but don't know what the legal requirements are. I'm just trying to gather info.

In my mind it is similar to an adult being in an unhealthy workplace and changing jobs instead of accessing mental health meds or counselling etc. We are trying to prevent him getting to a point where he does need professional help.

If he has his offer from college and can show school, proving he is intending to access 2 yrs education after gcses. Is that enough? Acceptable?

Report to who? Will school have to provide a reference type document to college? Not that it would be problem but I hadn't considered that might happen.

Thank you for sharing, lovely to hear your dd is doing well after making such a difficult decision. I wish her all the best in college.