Can I Home Educate My Child?

Parents have a legal responsibility to ensure their children receive a suitable full-time education if they are of compulsory school age, but this does not mean all children are educated in a school setting.

Some children are educated at home because their parents have chosen this for them. 

Other children learn at home because they cannot attend school due to a particular reason, such as ill health, or because it would be inappropriate for their special educational provision to be made in a school or college setting.

Elective Home Education

Some parents choose to home educate their child. 

This is sometimes called ‘home schooling’, but is more accurately known as ‘elective home education’ or ‘EHE’. 

If this is what is right for them and their child then this can be a positive step. 

The SEN and Disability Code of Practice (the “Code”) acknowledges this.

“Local authorities should not assume that because the provision being made by parents is different from that which was being made […] in school that the provision is necessarily unsuitable. Local authorities should also consider using their power to help parents make suitable provision.”

(paragraph 10.35)

However, sometimes parents may be encouraged to home educate their child by the school or the local authority when the parent does not want to or think this is what the child needs. 

Parents often feel pressured into home education to avoid prosecution for non-attendance. 

However, elective home education is a serious step and should always be the parent’s choice.

If you feel pressured into home educating your child and this is something you do not want to do please contact us for advice on your options. 

The Department for Education’s “All you need to know about home-schooling and elective home education” briefing, summarises key information parents should be aware of if considering home schooling.  

Parents of a child with an EHCP should be aware  that EHE has the below implications when deciding whether or not to home educate their child.

Elective home educating children or young people with EHC plans

The LA no longer has a legal duty to secure any of the special educational provision in the child or young person’s EHC plan if they are being home-educated. 

This is because the LA is likely to decide that the parents are making their own suitable alternative arrangements.

However, the LA should not stop an EHC plan because the child or young person is being home educated. 

The LA must also still review the plan annually to assure itself that the provision set out in it continues to be appropriate and that their special educational needs (“SEN”) continues to be met (paragraph 10.32 of the Code). 

The LA must use the same legal process to review the EHC plan, even if the child or young person is being home educated.

Parents who wish to home educate their child (rather than have the LA secure any required provision) do not need school’s permission, but should write to the following:

The School

Explain that they intend to educate their child at home

The LA 

Request an amendment of section I of the EHC plan to record that the child is being educated at home. 

We can provide templates and support for this in our MEMBERSHIP.

Parents of children at special schools will also need to ask the LA to agree to their name being taken off from the school roll.

If the current educational placement is not working and the parent does not want to home educate their child, it may be better to change the EHCP to set out different special educational provision and/or name a different school/placement rather than attempting to take on home education without support.

Electively home educating children or young people with SEN but without an EHC plan

Parents may take their children out of school to home educate them, and they do not need the permission of the school or the LA to do so (unless they are on the roll of a special school in which case the LA must agree).

All parents of children may make a request for an EHC needs assessment, including those who chose EHE for their children. 

This is an opportunity to fully identify all of the child or young person’s SEN and work out what support they need. 

The Code says that LAs “should” fund support for the SEN of home-educated children where it is appropriate to do so (paragraph 10.30). 

However the LA does not have a legal duty to provide special educational provision in this situation.

If a child or young person’s early years, school or college placement is in danger of breakdown and their parent does not wish to home educate them, it might be appropriate to ask the LA for an EHC needs assessment. 

It may be that, with the right support, the child or young person can continue in their educational placement. 

Alternatively, they may require special educational provision which could be provided at a different school or otherwise than in school.

More information on this can be found within our MEMBERSHIP