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• 24 Feb 2025

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  No. School Attendance (Pupil Registration) (England) Regulations 2024 r9(4) prevents the proprietor of a school being attended by a pupil under LA arrangements (likely to mean an EHCP) from removing their name from the school roll without the consent of the LA or the Secretary of State. That allows the LA to ensure that the school place is kept open until it is satisfied that the parent is providing suitable alternative education. But it does not have the effect of preventing the parent from removing the child from the school in the first place (as any other parent can do in relation to any other child). (Be aware though that the Children’s Wellbeing Bill 2025 is (at the time of drafting) proposing changes which would allow an LA to prevent a parent from removing their child from a special school to electively home educate even where it agreed that the elective home education proposed would be suitable, but on the basis that it thought school attendance was nonetheless in the child’s ‘best interests’. If enacted that would be a significant change to one of the fundamental’s of education law for over 150 years, namely that it is enough for a child to be provided with ‘suitable education’, even if the state might think other education would be preferable.)

  

  Noddy No-nonsense Guide
  Authors: David Wolfe KC, Leon Glenister

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