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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We wish to take our grandson out of school and teach him

Customer Question

hi we wish to take our grandson out of school and teach him from home. he has learning difficulties and cannot cope at school he gets bullied, picked on, and is very upset all the time, we know teaching him from home would be perfect for him [ we taught his mother from home] the social services became involved because of his behaviour at school and has put him on child protection, i do not know why because this has nothing to do with abuse or violence. they have arranged an assessment in june with an agency called cams.they say he must go to school until the assessment, but school is really twisting him up as soon as he gets to the school door he shakes cries and is sick. the thing is social services once told us we could do all this mental health stuff ourselves without involving the school they later said the opposite. anyway we want him out of school and taught from home
Submitted: 8 months ago.
Category: Law
Expert:  Alice H replied 8 months ago.
My name is ***** ***** I am happy to help you today.
Expert:  Alice H replied 8 months ago.
Is there a statement of education needs (SEN) in existence?
Expert:  Alice H replied 8 months ago.
Also do you have parental responsibility for the child?
Customer: replied 8 months ago.
i do not know they have not said but i would probably think so?----we do not have formal responsibility for him but his mother is in full agreement with everything. we have looked after him since he was three, after many social service meetings over it
Customer: replied 8 months ago.
hi are you still there
Expert:  Alice H replied 8 months ago.
Yes I am. I'm just trying to understand who is responsible for your grandchild.
Expert:  Alice H replied 8 months ago.
There is nothing wrong with home schooling. A parent or somebody with parental responsibility can withdraw a child from school and educate that child at home. If the child has special needs the local authority will offer support. However, that doesn't mean to say there is no supervision - the local authority can carry out informal visits to see how well the child is doing and, if necessary, they can apply for parenting orders or school attendance orders
Customer: replied 8 months ago.
okay that is fine because i am sure we can improve things for him. will the local authority help us with this cams mental health assessment ect . the big worry was social services did say [ on one of the school meetings ] that if he persists in not going to school they could remove him
Expert:  Alice H replied 8 months ago.
If he is truanting from school the local authority could take action against the parent(s) and in rare cases, where the child's needs are not being met, then he could well be considered for care. It sounds a little premature to me to take such drastic action. Removing a child from school and educating him at home is not grounds to remove a child.
Customer: replied 8 months ago.
so it is okay to home educate if the child has behaviour problems, this is what they keep using against us
Customer: replied 8 months ago.
they say because he is on child protection he should be in school
Expert:  Alice H replied 8 months ago.
OK. This is a vital piece of information. Why is he on the child protection register?
Expert:  Alice H replied 8 months ago.
The law says that children must receive an education — not that they must go to school. Whether the child is at school or home educated, it is the responsibility of the parents to see that this education is provided. There is nothing illegal about home schooling a child with special educational needs - the local authority cannot stop a parent taking the child out of mainstream school for home education. But what it does mean is that the local authority is more likely to consider something like an education orders (which is a court order) to make sure the child is being taught taught properly. I guess the most important issue here is not the parents right to take the child out of school but whether home schooling is appropriate for the child's needs.
Expert:  Clare replied 8 months ago.
My name is ***** ***** i have been a Family lawyer for more than 30 years, including care work.I do not think my colleague realised that this matter had already been escalated to a Child Protection matter which would make the possibility of removal a very real risk.There has already been a referral to the Child and adolescent mental Health Service and one option would be to see if the appointment forward since it seems that if Cahms agree then it may be possible to remove the child sooner rather than later.Your daughter, as mother of the child. can try and arrange this.In the mean time you need to work with school and ask for their proposals for dealing with the bullying issue.You may also get some assistance from the Family Rights Group - www.frg.org.ukPlease ask if you need further detailsClare

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