Entitlement

The council have to educate children from 5 to 16 and teens over 16 if they want it and 4 year olds and even 3 year olds for 15 hours a week if parents want it, but may dispute special needs or residence, or accuse you of keeping them out of school. Special needs children are entitled from age 2 to 19. As one definition of special needs is disability and some learning difficulties are also disability you can sometimes use disability discimination law too to get “reasonable adjustments”. Unless there is a policy to the contrary you cannot demand teaching in a foreign language or of English for foreigners.

Special needs

Once special educational needs are identified the special needs code of practice kicks in and there should be an individual education plan. Solutions can be provided in school informally or the LEA can formally assess needs which may lead to a special school. LEAs have a similar duty to keep up with gifted and talented children. Complaints can start with the LEA and then be mediated and ultimately we can take a school to the Health Education and Social Care Tribunal or the LEA to the Local Government Ombudsman.

Home schooling

If your child is ill over 3 weeks you will need to agree some homework. If your child is expelled they are entitled to home tuition or a special unit, and schools can refuse them for two years if expelled twice. You can always educate your child at home if you can prove it is “efficient” and you can teach what you want when you want. Any sex education will be according to a policy you can ask for and you can pull your child out except from reproduction science. Homework is optional unless required under a reasonable policy.

Contributions

Contributions for activities are voluntary but schools can pull the plug if not enough parents pay up.

Home school agreements

These have to be offered but do not have to be signed and anyway are merely a student handbook.

Illness

The school should provide homework for short absences, or home or hospital tuition for absences over 3 weeks.

Admissions

Although you have a choice of schools, they may be so far you are not in their catchment area. Schools typically allocate by faith, siblings and catchment, and secondary schools can consider academic ability. You should have been offered the Choice Advice Service. We can use the School Admissions Code to deal with the Local Education Authority and potentially report defective admission criteria to the Office of the School Adjudicator. We can also help you appeal under the School Standards and Framework Act 1998.

Infant school class size is capped at 30.

Holidays

You need permission to take your child on holiday over 10 days in term time.

Financial help

The council, school or a charity may be able to help with travel (especially if over 2 or 3 miles), clothing and food. There will usually be a policy to follow but even if it is discretionary they must not discriminate. There are also bursaries for 16-19 year olds on benefit or coming from care. Adults might qualify for Discretionary Learner Support.

Holidays

You can be fined for taking children out of school without permission, which schools only give up to 10 days and beyond that needs governing body approval. Major religious occasions are exempt.

Expulsion

The LEA has to provide another school after expulsion, such as a special educational unit. For the first five days you are responsible to enforce house arrest during school hours, after which the LEA has to give you a new school. Suspensions should be initially one or two days and rarely over 15 days with a maximum of 45 days a year. Schools can in any event try to take out a parenting order against you to encourage counselling where children are off the rails.

Exams

You have a right to resits at your expense and to remarks.

Religion

Religion must be taught and except in faith schools will be Christianity with mention of other faiths. You can pull children out of the compulsory religious assemblies.

Negligence

Just as a hospital can be liable for a botched operation a school can be liable for a botched education such as not diagnosing a learning disability.

Access to records

You can demand to see your child’s file within 15 days except anything harmful.

Uniforms

Uniforms are not compulsory unless required under a reasonable policy. This could be challenged on cost or religious grounds.

Meals

Schools have to provide a dining room but meals are optional.

Discipline

Detention is not as practical as it used to be. The school has to give you 24 hours notice and it must be reasonable. Also they can be liable for injury caused by children coming home late.

Confiscation must be reasonable, ie time limited.

Corporal punishment is not allowed but staff can use force to stop crime.

Disruptive pupils often have special needs or the school could be persuaded to change their subjects so they can go off and do something practical from age 14 instead of being couped up reading books.

Staff can screen and search pupils’s outer clothing for weapons.

There will usually be a policy on drug education and searches.

Pregnancy

Schools are supposed to provide 10 hours a week home tuition but you will be lucky to get one day a week without a fight.

Truancy

Parents have a duty to send children to school from 5 to 16. Parents will be spoken to informally first, with escalation to parenting contract, Education Welfare Officer visits, penalty notices and prosecution.

Bullying

Beyond informal approaches options include prosecuting the bully, suing the school for negligence and home schooling under medical evidence.

Problems at school

You should start by talking to your child, other parents, teachers, head teacher or governors in case you can get enough support like that. Failing that there is the schools complaints procedure, appeal to LEA and then a complaint to the LEA and for some issues you can go to the Ombudsman.