5. Children with Special Educational Needs
Parents’ right to EHE applies equally where a child has special educational needs (SEN). This applies whether or not the child has an Education, Health & Care Plan (EHCP).
Where parents elect to home educate a child with an EHCP who is registered at a mainstream school, the school will remove the pupil from roll following receipt of written confirmation from parents that education is being provided otherwise than at school. Local Authority approval is not required regardless of whether or not the child has an EHCP unless registered at a special school.
If a child is registered at a special school under arrangements made by the Local Authority, parents cannot de-register them to be home educated without permission. Parents are encouraged to contact the SEND team for advice in this instance.
Where a child who is home educated has an EHCP, the Local Authority retains a duty to maintain and review the plan annually, following the procedures set out in the SEND Code of Practice. Parents should always be involved in the review process but it is not mandatory to see the child or the home as part of the review. Where parents wish for only minimal contact and there are no other concerns, the annual review can serve as the contact for EHE purposes.
Whilst parents have a duty to provide an education suitable to their child’s age, ability and any special educational needs, they do not have to arrange provision detailed in the EHCP. Where parents elect to home educate a child with an EHCP, this will be reflected in the plan and the Local Authority may identify and secure provisions where necessary to assist parents to fulfil their responsibilities.