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Deregistration from school: Wales

In Wales the Education (Pupil Registration) (Wales) Regulations, 2010 set out the conditions under which a pupil’s name must be removed from the admission register of a school. Under Regulation 8(1)(d), the name of a school-age pupil is to be deleted immediately from the admission register if:

the pupil 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 in writing 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 12(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 or, if that authority refuse to give consent, without a direction of the Welsh Ministers. The Education (Pupil Registration) (Wales) Regulations 2010 s8(2). 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. These refer to the Education(Pupil Registration)Regulations,1995 that originally applied to the whole UK, where deletions from Admission Register are covered under Section 9.(1)(c)

IMPORTANT

Education Otherwise frequently receives enquiries from parents about home education, often relating to how they should engage with their local authority. This has been particularly concerning for parents since the publication of the Elective Home Education Departmental Guidance for Local Authorities (EHEDGLA), in April 2019.

Education Otherwise, in conjunction with the Centre for Personalised Education charity, has obtained advice from a Queen's Counsel (or QC, a title given to a senior barrister) in order to help us provide accurate information to parents. The QC we instructed specialises in public law and education law, and is a former part-time Chair of the Special Educational Needs and Disability Tribunal, and a current member of the Equality and Human Rights Commission's panel of counsel. The QC also trains lawyers and others in education and public law.

Education Otherwise is revising its information in line with the advice received from the QC. The revised information will be posted on the website when ready. In the meantime, but also as a matter of good practice, parents should of course always obtain their own legal advice if they have concerns over any issues.