LETTER TO SEND TO MAINSTREAM SCHOOL IN ENGLAND IF THEY ARE REFUSING TO ACTION A DEREGISTRATION FOR A CHILD WITH AN EHCP.
Your Name
Address
DATE
School Name
Address
Dear Heads name
I have received your letter/email/phone call dated xxx, in which you stated that an EHCP review must be undertaken before actioning the deregistration/that permission is required **quote what the school have said **. I have taken advice and I understand that in law if I choose to deregister my child in order to home educate you must remove their name from the register immediately. I therefore refer you to my deregistration letter dated the x.
Please note: (6) Where the name of a pupil is to be deleted from the admission register, the proprietor must make a return to the local authority for that pupil as soon as the ground for deletion under regulation 8 is met in relation to that pupil, and in any event no later than the time at which the pupil’s name is deleted from the register. (The Education (Pupil Registration) (England) Regulations 2006, as amended by The Education (Pupil Registration) (England) (Amendment) Regulations 2016 s 12 (6))
Section 8.1 of the EHE guidance states '8.1 The parents' right to educate their child at home applies equally where a child has SEN. This right is irrespective of whether the child has a statement of special educational needs or an Education, Health and Care Plan (EHC plan).'
EHE guidance continues at 8.6 discussing consent to remove the name from special school '...There is no equivalent requirement for
children with an EHC Plan who attend a mainstream school; the parents of a child may withdraw him or her without the local authority’s consent...'
10.3 of the 2015 Special educational needs and disability code of practice: 'Where a child or young person is a registered pupil and the parent decides to home educate, the parent must notify the school in writing that the child or young person is receiving education otherwise than at school and the school must then remove the pupil's name from the admission register. If the school is a special school, the local authority must give consent for the child's name to be removed, but this should not be a lengthy or complex process. There is no provision in law for a ‘trial period’ of home education.'
I would like to also refer you to the Working Together to Improve School Attendance Guidance 2022, which states (153) In accordance with regulation 12(6) of the Education (Pupil Registration) (England) Regulations 2006 as amended, a school must notify the local authority when a pupil’s name is to be deleted from the admission register under any of the reasons set out in regulation 8, as soon as the pupil’s name is to be deleted.
We are aware that the government previously suggested schools can offer a meeting with parents if they are considering deregistration, this suggestion did not include refusing to or delaying deregistration once in receipt of a deregistration notification from the parent.
There is no legal basis for a cooling off period/ a meeting/lengthy process *quote whatever the school have claimed*. I ask that if you believe this to be true that you provide, in writing to me, evidence of such a rule or law. I am well versed in the EHE guidance and can categorically state no such rule exists.
We are confident in our decision to home educate, I am familiar with my child's needs, and those detailed in section B of the EHC plan, and I am fully aware of my responsibilities under s7 Education Act, we therefore respectfully remind you that the deregistration was an instruction to be actioned immediately not a request to be considered.
I have fulfilled all of my legal obligations in this case by simply instructing you to deregister my child as per the 2019 Elective Home Education guidelines.
I await confirmation by return that you have now removed my child’s name from the school roll.
Yours sincerely
