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The Legals.
The Education Act
Section 7 of the Education Act 1996 states:
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable -to his age, ability and aptitude, and
to any special educational needs he may have,
either by regular attendance at school or otherwise.
This means that Home Education is legal, as it falls under the heading of 'otherwise'.
What do I need to do to legally start Home Educating?
If your child is currently registered with a school as a pupil you need to deregister. This is a simple process; all you need to do is send a letter to their Head Teacher. You do not have to ask for permission, you are informing them of your decision. In this letter state that you would like your child's name removed from the Register, as you have made alternative arrangements for his/her education. Ask that the Head Teacher confirm to you in writing that they have dealt with your request. Send the letter by Recorded Delivery so that you have proof that it was sent, and keep a copy of it. If you hand-deliver the letter, ask for a receipt.
If you do not deregister your child from school you may be prosecuted for failing to ensure that your child attends i.e. truancy. It is therefore very important to deregister, and keep proof that you requested deregistration. Deregistration usually goes smoothly though; don't worry about it unduly.
If your child is not currently registered with a school, you can Home Educate without informing anyone. If you have secured a school place for your child but they haven't actually started yet you might want to just inform them that you have made alternative arrangements.
Exceptions
As previously stated, it is your legal right to educate your child at home. There are a couple of exceptions:
If you live in Scotland, the law is different. Please visit www.schoolhouse.org.uk for further information.
If your child is SEN and goes to a Special School you will have to obtain the permission of the Local Education Authority to deregister. This is usually granted. Please visit the HE-Special website.
We suggest a read of the Elective Home Ed Legal Guidelines (EHELG), available online and pdf download at this page here
This text can be downloaded as a pdf here |