37Withdrawal of children from school: local authority involvement(1)

After section 434 of the Education Act 1996 insert—Withdrawal of children from school: local authority involvement

434ALocal authority consent for withdrawal of certain children from school(1)

A parent of a relevant child must obtain the consent of the relevant local authority to withdraw the child from school if the parent intends—

(a)

that the child should cease to attend the school at which the child is a registered pupil, and

(b)

to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school.

(2)

A child is a “relevant child” for the purposes of this section if—

(a)

the child is of compulsory school age,

(b)

the child is a registered pupil at a school, and

(c)

condition A or condition B is met in respect of the child.

(3)

Condition A is that the child became a registered pupil under arrangements made by a local authority at—

(a)

a special school within the meaning of section 337, or

(b)

an independent school within the meaning of section 463 which—

(i)

in the case of a school in England, is specially organised to make special educational provision for pupils with special educational needs;

(ii)

in the case of a school in Wales, is wholly or mainly concerned with providing full-time education to persons for whom an individual development plan is maintained.

(4)

Condition B is that a local authority is—

(a)

conducting enquiries under section 47 of the Children Act 1989 (duty to investigate) in respect of the child, or

(b)

taking action under section 47(8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in paragraph (a) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which an application is made under subsection (6).

(5)

Where the proprietor of a school is notified by a parent of a child who is a registered pupil at the school that the parent intends to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the proprietor must notify—

(a)

the local authority responsible for the area in which the school is located, and

(b)

the local authority responsible for the child, if different from the local authority mentioned in paragraph (a).

(6)

If a parent of a relevant child applies to the relevant local authority for consent to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the authority—

(a)

must decide without undue delay whether to grant consent, and

(b)

must refuse consent if the local authority considers—

(i)

that it would be in the child’s best interests to receive education by regular attendance at school, or

(ii)

that no suitable arrangements have been made for the education of the child otherwise than at school,

but otherwise must grant consent.

(7)

An application mentioned in subsection (6) may also be made by the proprietor of a school at which the relevant child is a registered pupil, on behalf of the child’s parent, and with the consent of the parent.

(8)

The relevant local authority must serve notice of the decision under subsection (6) on—

(a)

the parent who made the application, or on whose behalf the application was made,

(b)

any other parent of the child, where contact details of that parent are known, unless exceptional circumstances apply, and

(c)

the proprietor of a school at which the relevant child is a registered pupil.

(9)

Regulations under section 434—

(a)

must provide that, where consent of the relevant local authority is required under subsection (1) in respect of a relevant child, the proprietor of a school must not allow the deletion from the school’s register of the name of that child unless the proprietor receives notice that the relevant local authority has granted consent under this section in respect of that child, and

(b)

may make provision to require the proprietor of a school to arrange to take, or not to take, any other steps specified in the regulations in relation to the registration of a registered pupil at the school where a relevant local authority has granted or refused consent under subsection (6).

(10)

If a parent is aggrieved by a decision of the relevant local authority to grant consent under subsection (6)—

(a)

the parent may refer the question to—

(i)

the Secretary of State, in relation to a local authority in England, and

(ii)

the Welsh Ministers, in relation to a local authority in Wales, and

(b)

the Secretary of State or the Welsh Ministers (as the case may be) may—

(i)

uphold the decision of the local authority, or

(ii)

refer the question back to the local authority to determine.

(11)

If a parent is aggrieved by a decision of the relevant local authority to refuse consent under subsection (6)—

(a)

the parent may refer the question to—

(i)

the Secretary of State, in relation to a local authority in England, and

(ii)

the Welsh Ministers, in relation to a local authority in Wales, and

(b)

the Secretary of State or the Welsh Ministers (as the case may be) may—

(i)

give such direction determining the question as the Secretary of State considers, or the Welsh Ministers consider, appropriate, or

(ii)

refer the question back to the local authority to determine.

(12)

If a subsequent application is made in relation to a relevant child in respect of whom the relevant local authority has previously refused consent under subsection (6), the authority is only required to make a new decision under subsection (6)(a) if a period of 6 months has elapsed since the date of the previous application.

(13)

In this section, a “relevant local authority”, in relation to a relevant child, means—

(a)

where the child is a relevant child as a result of condition A (but not condition B) being met in respect of the child, the local authority that made the arrangements mentioned in subsection (3);

(b)

where the child is a relevant child as a result of condition B (but not condition A) being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4);

(c)

where the child is a relevant child as a result of conditions A and B being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4).

434BMandatory local authority meetings prior to withdrawal of child from school(1)

The appropriate national authority must, by regulations made before the end of the relevant period, make a scheme (“a pilot scheme”) to provide—

(a)

that the parent of a child must attend and participate in a meeting with the local authority responsible for the child if the parent intends—

(i)

that the child should cease to attend the school at which the child is a registered pupil, and

(ii)

to withdraw the child from school for the purpose of causing the child to receive education otherwise than at a school,

(b)

that the local authority must ensure that the following matters are discussed with the parent during the meeting—

(i)

the duty of parents under section 7 and how the parent plans to meet this duty;

(ii)

the duties of the local authority, including the support duty under section 436G;

(iii)

the parent’s reasons for considering that the child should receive education otherwise than at school;

(iv)

any support needs that the child may have and how those needs could be met;

(v)

the safeguarding and welfare of the child;

(vi)

anything else relevant to the decision to withdraw the child from school,

(c)

that the child must attend the meeting unless exceptional circumstances apply,

(d)

that a representative of the school at which the child is a registered pupil must attend the meeting if the parent consents to the representative’s attendance,

(e)

that the proprietor of a school must not allow the deletion from the school’s register of the name of the child unless the proprietor receives notice from the local authority that the meeting has taken place in respect of the child, and

(f)

that the local authority must record the outcome of the meeting or whether the meeting was refused.

(2)

The “relevant period” is the period of two years beginning with the day on which section 37 of the Children’s Wellbeing and Schools Act 2026 comes fully into force.

(3)

The regulations must also specify—

(a)

the local authorities in respect of which the pilot scheme will operate, and

(b)

the period for which the scheme has effect.

(4)

The number of local authorities specified under subsection (3)(a) must not exceed 30 per cent of all local authorities in England or 30 per cent of all local authorities in Wales as the case may be.

(5)

The period specified under subsection (3)(b) must not be less than two years and must not exceed five years.

(6)

The regulations may provide for exemptions from the pilot scheme in respect of descriptions of children as specified in the regulations.

(7)

The regulations may make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that the pilot scheme can operate.

(8)

The provision that may be made by virtue of subsection (7) includes—

(a)

provision modifying or amending the pilot scheme for the purpose of ensuring that the scheme can operate in relation to children falling within section 434A;

(b)

provision modifying or amending section 434A for the purpose of ensuring that the pilot scheme can operate in relation to children falling within that section.

(9)

Subject to subsection (10), the appropriate national authority may by regulations—

(a)

make provision to end the pilot scheme;

(b)

provide that the provisions mentioned in paragraphs (a) to (f) of subsection (1) have effect, after the expiry of the pilot scheme, in relation to all local authorities, subject to any exemptions for descriptions of children as specified in the regulations;

(c)

amend section 434A for the purpose of ensuring that the grant of local authority consent to withdraw a child from school under that section is conditional on the parent of that child attending and participating in a meeting with the local authority responsible for the child, as described in paragraphs (a) to (f) of subsection (1), subject to any exemptions for descriptions of children as specified in the regulations;

(d)

make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that any provision made under paragraphs (a) to (c) can operate.

(10)

Regulations under subsection (9) may be made only after the pilot scheme has operated for a period of no less than two years.

(11)

Before making any regulations under this section, the appropriate national authority must consult such persons as the appropriate national authority considers appropriate.

(12)

In this section “appropriate national authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers.

(13)

If a draft of a statutory instrument containing regulations made by the Secretary of State under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

(2)

In section 569 of that Act (regulations)—

(a)

in subsection (2A), after “section” insert “434B,”;

(b)

in subsection (2BB), after “section” insert “434B or”.