Tweet Having your child excluded from school can be a difficult, even traumatic experience. Exclusion decisions are not come to lightly. A good headteacher, acting within the rules and guidelines, will exclude a pupil only when there is a significant body of very good evidence to suggest both that it is the right thing to do, and that there is no alternative but to exclude.
The Department for Education has published revised draft home education guidance for consultation, together with a "call for evidence" on other possible changes. The deadline for responding is July 2nd Introduction A School Attendance Order is issued when the authority is not satisfied that education is being provided otherwise than at school and where the authority considers it expedient that the child should attend school.
Government Guidelines say that a school attendance order should only be served after all reasonable steps have been taken to try to resolve the situation.
In most cases the SAO is threatened but not actually issued.
It is only when a formal notice is issued under s that a local authority is required to be satisfied. In all other cases the LA will simply be asking for information which some people still refer to as "informal enquiries".
Similarly it is only at the stage of the formal notice under s that local authorities must ask for "evidence"; again in all other cases the LA will simply be asking for information. Government Guidelines remind us that asking parents for further information "is not the same as a notice under section 1and is not necessarily a precursor for formal procedures.
After the formal notice period expires, if the local authority is still not satisfied that the child is receiving education otherwise than at school, the authority should write to the parent indicating that it intends to issue a School Attendance Order. The letter of intention will specify a particular school.
The law requires the authority to consult with the governing body of the school and the headteacher before the school is named on the letter of intention. Case law on School Attendance Orders may be found on our page about Lord Donaldson's review of the Phillips vs Brown case and also here Government Guidelines state that "at any stage following the issue of the Order, parents may present evidence to the local authority that they are now providing an appropriate education and apply to have the Order revoked".
Where the authority acts in clear breach of these guidelines, additional public expenditure will be incurred by the authority's refusing to accept evidence after the Order has been issued and a formal letter of complaint may be sent to the court by the defendant's legal representative.
Magistrates court, legal aid, expert witness Should the authority choose to prosecute if a family fails to comply with the SAOthe family will have the defence that the child is receiving education otherwise than at school. It is up to the parent how the evidence is presented. Legal Aid is still available at present for parents requiring a solicitor in connection with School Attendance Orders since breaching the order ie failing to register the child at school as directed is a criminal offence rather than a civil offence.
Legal Aid is currently awarded to people on means-tested state benefits and is otherwise awarded on a sliding scale depending on the parents' income.
UK checked October ] Timing and location are important because legal aid will not be available before notification of prosecution and legal aid is highly restricted for appeals.
In addition, legal aid may not cover travel costs for the legal representative. Parents may make enquiries with a legal firm prior to prosecution but will not normally be able to obtain funded specialist legal help until the prosecution has actually begun.
When seeking a law firm it will be necessary to establish whether there is a legal aid contract for criminal cases in place. Ideally the solicitor will specialise in education and have some knowledge of alternative or non-standard education. If there is no legal aid contract for criminal cases an education solicitor may still be able to offer initial advice on legal aid.Changes to legislation: There are outstanding changes not yet made by the r-bridal.com editorial team to Education Act Those changes will be listed when you .
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Welcome. The OIA is an independent body set up to review student complaints. Free to students, the OIA deals with individual complaints against Higher Education Providers in England and Wales. Need a formal letter to the headteacher? watch. Announcements.
Sooo me and a couple of my friends are gonna write a letter to give to the headteacher, and get like s of students to sign the petition. that's outrageous. Maybe get your parents to write in?
Have you actually tried to find out why they made everyone do it? They might. When writing a letter, layout and paragraphs are important factors.
A writer always addresses an audience, which, of course, means the reader. When someone writes a letter, this relationship between reader and writer becomes less abstract and much more immediate.
Complain about a school or childminder - complaints process, when to complain to the Department for Education, the Education Funding Agency or Ofsted.