Northern Ireland - 4
Disputes Between Parents and Boards
It should be possible to resolve most disputes without recourse to formal statutory procedures. However, where children of compulsory school age are not being educated at school and the Board has serious doubts about the parents’ educational provision, the following scenario will apply.
Initially the Board may make an informal request for information. If the parents provide such information and the Board is satisfied that it appears that a suitable education is being provided no further steps should be taken.
If, after making informal enquiries, and then giving the family reasonable time and opportunity to explain or improve on their arrangements, it still appears to a Board that a child is not receiving a suitable education, then it may decide to serve a school attendance order. The Board should bear in mind, however, that should the case proceed to court the action will fail if the parents can satisfy the court that they are providing a suitable education. The court will accept evidence in a number of forms and will be looking for evidence that would convince a reasonable person on the balance of probabilities (rather than beyond all reasonable doubt) that a suitable education is being provided.
Schedule 13 Enforcement of duty imposed by article 45
2(1) Where, at any time whilst a school attendance order is in force with respect to a child, the parent of the child makes an application to the board by whom the order was made requesting ... that the order be revoked on the ground that arrangements have been made for the child to receive otherwise than at school education suitable to his age, ability and aptitude and to any special educational needs he may have, the board shall amend or revoke the order in compliance with the request unless it is of the opinion that - ...
(d) no satisfactory arrangements have been made for the education of the child otherwise than at school.
There are no known cases where parents have had difficulty deregistering a child from school.
The parent does not need to ask permission from the Board to begin home education and, as long as the parent has notified the governing body of the school, usually through the head teacher, of the intention to home-educate, the parent is under no obligation to inform the Board of their intention.