Letter to send to school if they are refusing to deregister
Dear Heads name
I have received your letter/email/phone call dated xxx, 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))
I would like to also refer you to the statutory School Attendance Guidance 2020, page 9, which says: ‘Home Educated Children. On receipt of written notification to home educate, schools must inform the pupil’s local authority that the pupil is to be deleted from the admission register. Schools should not seek to persuade parents to educate their children at home as a way of avoiding excluding the pupil or because the pupil has a poor attendance record. Schools and local authorities should not seek to prevent parents from educating their children outside the school system. There is no requirement for parents to obtain the school or local authority’s agreement to educate their child at home.’
We are aware that due to COVID the government suggested schools can offer a meeting with parents if they are considering deregistration, this suggestion did not include refusing to or to delay deregistration upon receipt of a deregistration notification.
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, so 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.