Home Education
Elective Home Education
Parents can choose to home educate their child, if this is what is right for them and their child. This is sometimes called ‘home schooling’ but is more accurately known as ‘elective home education’ or ‘EHE.’
Some children are electively home educated from Compulsory school starting age and may never attend school. In other cases, a child may be removed from their school’s roll for EHE.
Parents should not be placed under pressure by schools to electively home educate their child. The Department for Education recognises this is a form of Off-rolling
Parents often feel pressured into home education to avoid prosecution for non-attendance or permanent exclusion. Elective home education should always be the parent’s choice and a positive step.
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 when considering home schooling.
We strongly advise discussing the implications of removing your child or young person with SEND from a school roll with your local Cumberland SEND IASS Co-ordinator
Children or Young People with an Education, Health and Care Plan
Parents of a child with an Education Health and Care plan (EHCP) should be aware that EHE has implications when deciding whether to home educate their child.
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 SEN and Disability Code of Practice says at paragraph 10.35 that, “Local authorities should also consider using their power to help parents make suitable provision.”
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 as stated in the SEN and Disability Code of Practice, paragraph 10.32. The LA must use the same legal process to review the EHCP, even if the child or young person is being home educated.
Further Information
Cumberland’s SEND local offer includes information on home education, how to get started and support groups for parent/carers who are home educating:
Families Information | Home Education (cumberland.gov.uk)
Contact the charity for families with disabled children has detailed information Home education | Contact
The Independent Provider of Special Educational Advice also has good advice Home education| (IPSEA) Many children and young people with special educational needs (SEN) and disabilities will also require support from the health service.
Education Otherwise Than At School
Some children and young people with Education, Health and Care plans (EHCP) are not able to attend “standard” education settings (schools, colleges, pupil referral units, etc), as the provision available is not suitable to meet their needs. This is a legal mechanism commonly known as EOTAS, which stands for education otherwise than at school.
In these cases, Section 61(1) of the Children and Families Act 2014 allows a local authority (LA) to arrange education outside of a standard setting if it is satisfied that a standard setting would be inappropriate.
The LA remains legally responsible for maintaining an EOTAS package. Under this arrangement, the child or young person is not on roll at a school or post-16 institution.
Section I of the EHCP, which details a pupil’s placement, usually remains blank when an EOTAS package is in place. Section F of the EHCP, which describes a child or young person’s special educational provision (SEP), should indicate that this will be provided via an EOTAS package.
How will the LA decide if EOTAS is ‘necessary’ for my child?
The LA can agree to a parent’s request for EOTAS if the LA thinks that it would be inappropriate for the SEP your child requires to be made in any school. The LA should consider your child's individual needs and circumstances:
- your child’s background and medical history;
- the particular educational needs of your child;
- the facilities that can be provided by a school;
- the facilities that could be provided other than in a school;
- the comparative cost of the possible alternatives;
- the child’s reactions to educational provisions, either at school or elsewhere;
- your wishes as their parent (these should be considered but the LA can still disagree); and
- any other particular circumstances that apply to your child.
Cumberland LA’s policy for considering EOTAS packages can be found in the following link: Cumberland Local Offer - Education Otherwise than at School (EOTAS) Policy
EOTAS vs Elective Home Education
While both EOTAS and elective home education may result in a child or young person being educated at home, the obligations on the LA are different.
Elective home education (EHE) describes a parent removing their child from the school roll (if on it) and providing education at home instead of at school. It is the parent who then assumes responsibility for making sure their child receives a full-time efficient education suitable to their needs. The LA does not have a legal duty to secure the education provision in the EHCP if it agrees the parent has made their own arrangements.
In the case of EOTAS, the LA remains responsible for providing the child’s education package.
However, in both cases the local authority must still review the EHCP annually.
Appealing to Tribunal
Please contact your local SENDIASS Co-ordinator for information, advice and support regarding an appeal to Tribunal for a decision by the LA that an EOTAS package is not necessary.
Further Information
The Independent Provider of Special Educational Advice has an EOTAS frequently asked questions page on their website Home education and ‘education otherwise’ | (IPSEA)
Home education and ‘education otherwise’ FAQs | (IPSEA)
Special Needs Jungle has some useful information and advice on their webpage EOTAS: Education Otherwise Than At School. Special Needs Jungle
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