Can I deregister child from school whilst awaiting an EOTAS package at tribunal?
Child has mainstream school named on EHCP. She is struggling attend due to high anxiety. We dont believe any school is appropriate currently and are hoping for EOTAS to be awarded. Can we deregister her from school whilst waiting for tribunal? Or would that make appeal at tribunal void and mean the LA would no longer be responsible for sourcing provision?
A: SenseCheck
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- 0 No
- 0 Other
- 02 Oct 2025
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Yes
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Simple
Yes, you can legally deregister a child from a mainstream school (at the moment) even if that school is named in her EHCP – the school should remove her from the roll upon written notice. However, doing so is generally treated as elective home education. That means the local authority (LA) may argue its duty to secure the EHCP provision (Children and Families Act 2014, s.42) no longer applies, because you have taken responsibility. Your appeal for EOTAS would not automatically be void, as the EHCP still exists and the Tribunal can order “education otherwise than at school” under s.61. Finally, you need to be clear why you wish to deregister your child.
02 Oct 2025
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