Deregistration from School: England

Education (Pupil Registration) Regulation 8, 2006.

In England when you want to remove a child from the school roll in order to home educate you need to go through the deregistration process. This involves writing to the headteacher or proprietor of the school.

The relevant regulations are The Pupil Registration Regulations ( England) 2006

Education (Pupil Registration) Regulation 8, 2006

Under regulation 8(1)(d), a 'school-age' pupil's name is to be deleted from the admissions register if:

"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."

The 2006 registration regulations do not permit for a delay in removing the child's name from the school roll. Please read 12 (3) on pages 6-7 of the statutory regulations. In the case of pupils who are being taken out of school for the purpose of being home educated, the "ground for deletion" is met under paragraph 8(1)(d) when " the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school." It should be noted that the 2006 statutory regulations specify that these are the necessary and sufficient "ground for deletion" under 8(1)(d).

Paragraph 12(3) reads as follows:

(3) As to the contents of the admission register comprising particulars relating to a pupil whose name is to be deleted in accordance with regulation 8(1)(d), (e),(g),(i) or (m), the proprietor shall make a return to the local authority for every such pupil giving the full name of the pupil, the address of any parent with whom the pupil normally resides and the ground upon which their name is to be deleted from the admission register as soon as the ground for deletion is met in relation to that pupil, and in any event no later than deleting the pupil’s name from the register."

The Government has issued guidance on the regulations which explains the timescale and respective duties of the school and the local authority with regard to removing the pupil's name from the register. In particular the government indicates that 2 days might be reasonable assumption in order for a notification letter from the school to arrive at the local authority. The Government also states that the register must be marked "authorised absence" once notification of de-registration has been received from parents.

"182. Any delay in de-registration due to informing the local authority should be treated as authorised absence (if the pupil is absent). For example, if a pupil leaves a school on 31 January and a letter informing the local authority of the impending deletion from the roll is sent the same day, the school should not delete the child from the roll until 2 February (thereby allowing two days for the letter to arrive). Schools must not unreasonably delay sending the information to the local authority and should only allow the minimum time necessary for the notice to arrive."

"155. School 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 schools and local authorities agreement to educate their children at home."

Here is a suggested brief de-registration letter for those deregistering a child from a school in England.

It doesn't need to be long or give any reasons for your decision or any details about your plans. If you have had a friendly relationship with the school you may like to add a note of thanks or give reason for your decision but this is not necessary. This letter is available to print out as a pdf file here.

It is advisable to include the reference to the Pupil Registration Regulation as there have been instances of schools failing to know or obey the law, imagining wrongly that they have some discretion over whether or not to "allow" de-registration. Local authorities are not entitled to stipulate that the home education must be "approved" before the child's name can be taken off the school register.

Special Needs children in Special Schools

Although regulation 8 (1) (d) effectively allows deregistration on demand, it does not apply to children who have been placed by the LA in special schools. Regulation 8(2) provided that in this situation a child cannot be deregistered without the LA's consent. This restriction is meant to protect the interests of more vulnerable children by ensuring that their special needs are met. But using it to make it harder to home educate such children could be interpreted as discrimination and prejudice. Section 7 of the 1996 Act makes it clear that the right to "otherwise" education extends to children with special needs.

A sample letter which could be used in this instance (as suggested by Issie Brookfield of NAS) is shown below. A copy of it is available in pdf format here.

Deregistration from school: Wales

In Wales the Education (Pupil Registration) Regulations, 1995 set out the conditions under which a pupil’s name must be removed from the admission register of a school. Under Regulation 9(1)(c), the name of a school-age pupil is to be deleted immediately from the admission register if:

"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."

Parents of children who have been registered at a school and who begin home education need to inform the school that they are providing education otherwise than at school so that the child’s name can be removed from the register. Parents do not need to ask permission from the local authority to begin home education and, they are under no obligation to inform the local authority of their intention. Under Regulation 13(3), however, the proprietor of the school must report the deletion of the pupil's name from the admission register to the local authority within ten school days.

Parents seeking to home educate children registered at a special school, however, must obtain the consent of the local authority to withdraw their child from the school (Education (Pupil Registration) Regulation 9(2), 1995). Consent is required in these cases only to smooth the transition to home education for children with complex special needs. The regulations are not intended to be a hindrance to these children being educated at home and any such suggestion would be discriminatory.

Home education in Wales is covered by The Welsh Assembly Guidelines.