Ensure you have already used our deregistration letter AND then followed up with our standard failure to deregister letter.
This advice does not remove your responsibility to have communicated with the other parent, to attempt to reconcile the issues etc. We have helpful info HERE to help with that communication.
DATE
YOUR NAME
YOUR ADDRESS
SCHOOL NAME
CHILD'S NAME
CHILD'S DOB
Dear HEADTEACHERS NAME and EHE team
I sent a deregistration letter to SCHOOL NAME on DATE. SCHOOL NAME have responded saying that the second parent's permission is required/due to parental disagreement (ADD IN THE REASON SCHOOL HAVE GIVEN) they will not action the deregistration. I wish to clarify that I have parental responsibility. Therefore my direct instruction that I am deregistering to home educate must be acted upon.
I have consulted The Education (Pupil Registration) (England) Regulations 2006, as amended by The Education (Pupil Registration) (England) (Amendment) Regulations 2016 s 12 (6) * and no exception exists, the wording is clear in the regulations that it is the parent (therefore singular not plural) who instructs the school to deregister, no second parent's authorisation is required.
I even checked the updated regulations that are due to come into force in August 2024, I note that they are even clearer with the wording "a parent".
The Government EHE guidance at 10.3 and 10.4** clearly supports my deregistration instruction. Whilst allowing the other parent the opportunity to disagree it does not allow you to refuse to action the deregistration with immediate effect.
INCLUDE IF THEY CLAIM TO HAVE SOUGHT LEGAL ADVICE: It should also be noted that the legal advice you sought, is flawed, I formally request a copy of this correspondence and request details of what law is believed to prevent the immediate deregistration.
It is not your role to get involved in civil disputes between parents. That is a private matter, whilst maybe uncomfortable for school, it does not allow you any involvement and I expect CHILD'S NAME to be deregistered from [enter date you sent original deregistration letter]. Thus ceasing your right to data or information regarding CHILD'S NAME thus requiring you to cease communication about my child with any other parent or party.
I respectfully remind you it is the proprietor of the school committing an offence s434 (6) Education Act 1996, if they do not delete a child from the register when the conditions are met. If deregistration is not immediate I request the EHE team seek legal action against the school.
Regards
YOUR NAME
References
*(8) Deletions from Admission Register (1) The following are prescribed as the grounds on which the name of a pupil of compulsory school age shall be deleted from the admission register— (d) in a case not falling within sub-paragraph (a) of this paragraph, that he has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school...
12.— Returns (1) Subject to paragraph (2), the proprietor of every school shall make to the [local authority]1 , at such intervals as may be agreed between the proprietor and the [local authority]1 , or as may be determined by the Secretary of State in default of agreement, a return giving the full name and address of every registered pupil of compulsory school age who... (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.
** Disputes between parents
10.3 In some cases two parents (usually divorced or separated, but both having parental responsibility) may disagree as to whether home education is desirable, or at least is being provided properly. The local authority should do its best to obtain full details of who has parental responsibility in such cases. The parent with whom the child lives for most of the time, is normally in effective control of the education provided and whether the child attends school. However that can be subject to a specific issue order made by the Family Court. If the local authority believes that the education being provided in the home in these circumstances is not suitable, it should take action and keep both parents informed of what is happening, unless there is a specific reason (usually arising from safeguarding considerations) to limit this information for one parent.
10.4 If there is no relevant order by the Family Court, the parent who does not agree with the provision of home education may succeed in getting a child’s name entered onto the register of a school. If the child then does not attend that school, both parents may be committing an offence. This situation can arise because the law of education generally assumes that parents will agree on the education of their child. Clearly however it is desirable for matters to be resolved without recourse to the courts and local authorities should attempt to help parents reach a common view on what is in their child’s best interests, drawing on support from those who know the child - such as staff at any school that he or she attends or has previously attended - although such mediation may not always be possible
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