A parent with parental responsibility can elect to home educate their child. Since December 2003, a father who appears on the birth certificate, regardless of marital status at the time of the birth automatically has parental responsibility.

Providing there are no court orders specifically saying that one or other parent cannot do so, either parent can send in a de-registration letter without needing the other parent's consent. However, it is likely to be in the best interests of the child to discuss the withdrawal to elective home education with the other parent before taking the decision.

If one parent does de-register their child from school and the other parent disagrees, then the decision can be challenged by applying for a specific issue order. This would be an issue between the two parents and the court. It would not affect the original de-registration letter as far as the school or local authority are concerned.

Neither the school, nor the local authority, can be responsible for mediating between parents. If they cannot mutually agree then they will need to seek legal advice and guidance.

There is more information on parental responsibility from the Department for Education. The Department for Education also provides guidance for parents and local authorities in relation to EHE.