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Can My Ex Prevent Me From Homeschooling Uk?

Homeschooling is becoming increasingly popular in the UK as parents look for more control over their child’s education. But is it possible for a child’s ex-partner to get in the way of their child’s education?

Can an ex-partner prevent parents from homeschooling in the UK?

What Does The Law Say About Homeschooling in The UK?

Homeschooling is not illegal in the UK and there is no legal obligation for home education to be provided by a qualified teacher. Parents have the right to educate their children at home without being registered with a school or local authority. However, parents must ensure the education they provide is suitable and the local authority must be advised of the home education.

What Preventative Steps Can an Ex-Partner Take to Stop Homeschooling?

If an ex-partner is concerned about the homeschooling arrangements made by the other parent, there are some preventative steps they can take. Firstly, they can speak directly to the other parent to discuss the situation and see if an agreement can be reached. If an agreement can’t be reached, then the ex-partner may be able to take legal action.

This could involve starting a private law childcare application under the Children Act 1989 or applying for a Specific Issue Order to determine who should have the responsibility for the child’s education.

Private Law Childcare Application

A private law childcare application is issued under the Children Act 198 It is usually started when there is a disagreement between parents that can’t be resolved regarding the child’s welfare and upbringing, including their education and health. The application will be heard in a court and the judge will take into account the child’s best interests when making their decision.

Specific Issue Order

A Specific Issue Order is a court order that is made to resolve a particular issue. The court can require the parties to take action or to not take action in relation to a particular issue.

A Specific Issue Order can be used to determine who is responsible for the decisions regarding a child’s education. The court will take into account the child’s welfare and best interests when making their decision.

What Happens If a Parent Goes Ahead With Homeschooling Without Consent?

If a parent decides to go ahead with homeschooling without the consent of their ex-partner, the local authority can take legal action. They can take the case to court and ask for the child to be sent back to school.

The court will usually try to reach an agreement between the parents, rather than make a court order. If a parent is refusing to send their child back to school and they are in breach of their legal duty to secure a suitable education, they may be fined and/or prosecuted.

Are There Any Exceptions?

In some cases, the ex-partner may agree to the homeschooling arrangement made by the other parent, or the court may decide that homeschooling is the best option for the child. However, there may be exceptional cases where both parents do not agree and the court will make a decision, taking into account all the evidence presented.

What Support Is Available?

Before beginning their homeschooling journey, parents should seek advice and support from a qualified home education adviser. Advice and support are also available from the local authority where the parent lives and from any other relevant organizations, such as home education networks.

Conclusion

Homeschooling is a popular choice that is becoming increasingly common in the UK. Parents must comply with the law and not drop their children out of school without informing the local authority first.

If there is a disagreement between the parents, they must attempt to resolve it by speaking directly to one another, or they can consider legal action. In cases where an ex-partner is preventing the homeschooling of the child, it is possible for the court to make a decision, depending on the circumstances. But it is important to seek advice and support to ensure the best outcome for the child.

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