Parents’ rights and responsibilities

How to begin

Young people who are below compulsory school age or who have never been registered at a school If your child has never been registered at a school then you are not legally required to do anything, although it would help us considerably if you were to contact Andrea Brown.

Andrea is the Business Support for the EHE/ Learning Improvement Service. She would also be happy to take details  and put you in touch with our supportive team.

Pupils at school

If your child is registered at a school you must write to the school’s headteacher, saying that you are now educating your child at home and you wish your child’s name to be removed from the admission register. You could quote the regulation, 9(1)(c), The Education (Pupil Registration) Regulations 1995. The school must then remove the child’s name from the school roll. Please note that consent from the local authority is required to de-register from a special school (see Children with Special Needs section below)

It is important that you de-register your child in writing, otherwise they will still be expected to attend school regularly and you risk prosecution for non-attendance even if home education is suitable. Once notification has been given to the school, the school must inform the Education department within the Local Authority.

Completing the Notification of Elective Home Education (Form HE2) in this pack helps us to keep our records up to date and be ready to support you.

On receipt of the information that a family is to home educate, a courtesy phone call will be made to offer general advice and support in relation to home education in Cumberland, and to ensure that pressure has not been exerted by schools on parents. This practice is called “off-rolling”. If you believe that your current school is not suitable, please contact us to discuss what alternatives might be available before you de-register from school.

Children with special educational needs and disabilities (SEND)

Under Section 7 of the Education Act 1996 parents have the right to educate children, including children with special educational needs and disabilities (SEND), at home irrespective of whether the child has an Education, Health and Care Plan (EHCP). The local authority retains a duty to maintain and review an EHC plan annually as set out in the Code of Practice for SEND.

Parents with children who are registered at a mainstream school, with or without an EHCP, can elect to home educate without local authority approval. Home education must be suitable to the child’s age, ability, aptitude and special educational needs, but parents do not have to arrange provision as detailed in the plan.

If your child is registered at a special school named in their EHCP, you cannot de-register them to be home educated without the agreement of the local authority. If your child has an EHCP and particularly if they are registered at a special school, please contact us before taking any action about home education.

Mobile families

Some families who are mobile, such as Travellers, may also choose to educate their child/ren at home. Mobile families who are home educating are asked to contact any of the officers named in this booklet when they arrive in or leave Cumberland. There are also some specific organisations to help Traveller families who wish to home educate their child/ren. Traveller families can also seek support through Traveller Education Support Services from around the country when they are mobile.