Some parents in NI have been told (by schools or Education Boards) that it is not legally possible to deregister a child from school. HEdNI asked BELB to provide copies of the legislation which supports this claim, and received the following response:

… on advice from the Department of Education that a pupil cannot be legally deregistered for Home Education in NI - only England and Wales

1.1 In accordance with the Statutory Rules for Northern Ireland 1974, Number 78 and Department of Education Circular 1994/15 a pupil’s name can only be removed from the register in limited circumstances, as follows:- ‘Transfer to another school in Northern Ireland, Departure from Northern Ireland, Expulsion, Death and where a pupil leaves school after having completed his/her compulsory education’.

With regard to DENI Circular 1994/15, HEdNI responded:

DENI Circular 1994/15 is no longer in force; it was replaced by Circular 1995/19 (this is specifically stated in Circular 1995/19, which states “This Circular…replaces Circular 1994/15″ and “Circular 1994/15 is cancelled”).

Circular 1995/19 does still contain the information you quote… However neither Circular 1995/19 nor Circular 1994/15 address the issue of deregistration for education otherwise; their intention is to clarify when a school may initiate the removal of a pupil’s name from the register. It does not even list parents as part of its intended audience.

The purpose of a DENI Circular is to explain the legislation: it does not itself form part of the law. It may be that DENI has the authority to limit the circumstances under which a school initiates deregistration of a pupil, but it does not have the authority to remove from the parent that which is provided for by the legislation - that is, the right to provide an education “either by regular attendance at school or otherwise”.

Some confusion may have arisen because Circular 1995/19 lists an absence code for “receiving education at home or in hospital under arrangements approved by a Board”. “Education at home” may mean education provided by a Board in certain circumstances - for example, when a pupil is ill or has been excluded. It may also mean “home-education” which is privately arranged and provided by the parent, with no connection to a school - that is, “education otherwise”. These are two completely different things and must be addressed as such. Clearly, an absence code is required only when a child is a registered pupil, so the provision of an absence code for “receiving education at home” in this document can only apply to the first set of circumstances.

With regard to the the Statutory Rules for Northern Ireland, 1974, Number 78 (these may be downloaded here), HEdNI wrote:

The Statutory Rules for Northern Ireland 1974, Number 78, state:

6. (1) A parent shall not withdraw his child from a school at which the child is a registered pupil *except after acquainting the principal with his intention to do so.*

(2) Upon the withdrawal from school of a registered pupil the principal shall furnish to the parent in respect of the pupil a certificate of attendance as in Form S.A.I. in the schedule and *shall at the same time delete from the General Register the name of the pupil*.

This seems to state quite clearly that when a parent informs a principal that the name of a pupil should be removed from the register, the principal has an obligation to do so. It also makes it quite clear that it is indeed possible for a parent to intitiate the deregistration of a pupil, and it does not limit the circumstances under which that may be done.

There is nothing further in the Statutory Rules regarding deregistration for education otherwise than at school.

No document has been provided which supports the assertion that a pupil in Northern Ireland cannot legally be deregistered for home-education. If such a document exists, again I would ask that you provide it.

To date, HEdNI has received no further communication on these issues.