Out of Education

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Listening to families.
Understanding the law.
Supporting children.

When your child is not attending school, it can of course be incredibly worrying. You may know that they are struggling, but be unsure who is responsible for providing their education or what you can do to help them.

A child may be out of school for many different reasons. They may have been excluded, be too unwell to attend, be struggling with anxiety or other difficulties, or have special educational needs that are not being properly supported.

Whatever the reason, being registered at a school does not necessarily mean that your child is receiving the education they need. Where a child is not receiving suitable education, there may be legal duties on the school or local authority to make appropriate provision.

Why might a child be out of school?

Every family’s circumstances are different. Your child may be unable to attend because of:

  • Special educational needs or additional learning needs
    • Illness or medical difficulties
    • Anxiety or emotional difficulties
    • Fixed term or permanent exclusion
    • Difficulties with their current school placement
    • A lack of appropriate support or provision

For children with SEN or ALN, difficulties attending school can sometimes be a sign that their needs are not being properly identified or supported.

What happens if my child is not receiving education?

If your child is of compulsory school age and is not receiving suitable education, the local authority may have a duty to make sure appropriate education is provided.

This could involve alternative provision, education provided away from school or, depending on the circumstances, home tuition.

The responsibility can vary depending on why your child is out of school. For example, different arrangements apply following fixed term or permanent exclusion.

It is therefore important to understand why your child is out of education and who is responsible for making sure they receive suitable provision.

What if my child is struggling to attend school?

If your child is regularly missing school or is unable to attend altogether, it is important to look beyond attendance alone.

There may be underlying SEN, ALN, medical, emotional or other difficulties that need to be properly understood and addressed.

In some circumstances, this may mean considering an EHCP or IDP, additional support, alternative provision or a different educational placement.

What about home education?

Home education is different from a child being out of education because suitable provision has not been made.

Parents can choose to educate their child at home, provided the education is suitable. However, where a child is unable to attend school and the appropriate education has not been provided, that is a different situation and the relevant legal responsibilities need to be considered carefully.

How can we help?

Our specialist education solicitors can help you understand what should be happening and who is responsible for your child’s education.

We can advise on:

  • Children missing education
    • Home tuition and alternative provision
    • Exclusions
    • SEN and ALN related difficulties with attendance
    • EHCPs and IDPs
    • Difficulties with school placements
    • Challenging failures to provide suitable education

If your child is out of school and you are worried about what happens next, you do not have to work it out alone. We can help you understand your child’s rights and work towards getting the right education and support in place.

Get in touch today

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