Choosing to home educate

A parent or carer can choose to educate their child at home, this is known as ‘Elective Home Education or EHE’.

Schools must not try to persuade parents to educate their child at home by way of avoiding exclusion, or due to poor attendance. 

Equally, if you are trying to avoid prosecution for attendance, or if your child is refusing to go to school, this may not be a suitable option.

The SEND Code of Practice 2015 says: 

Under section 7 of the Education Act 1996, parents have the right to educate children, including children with SEN, at home. Home education must be suitable to the child’s age, ability, aptitude and SEN. Local authorities should work in partnership with, and support parents to ensure that the SEN of these children are met… (10.30)

Local authorities have no powers to enter the home of a home educating family, but they have a duty to ensure that a suitable education is being provided and will require evidence of your child's home learning.

If the Local authority does not believe a ‘suitable’ education is being provided they will issue the parent/carers with a School Attendance Order (SAO).

The order legally requires parent/carers to register their child at a specific school named within the document.

Before an SAO is formally issued, the local council will try to work with the parent/carer to resolve the situation. If those efforts fail, the process generally follows these steps:

  1. Notice to Satisfy: the parent/carer will be given 15 days to provide evidence that their child is receiving a suitable education (e.g., Elective Home Education) or to register them at a school themselves.
  2. Consultation: The council will consult with suitable schools (usually the nearest appropriate school or the catchment school) to ensure a space is available.
  3. The Order is Issued: If no suitable evidence or registration is provided, the council will issue the formal SAO naming the specific school the child must attend.

Once the formal order is issued, the parent/carer is legally required to register their child at the named school.

Where there is an EHCP

The local authority has no duty to provide education (or secure special educational provision outlined in an EHCP) for a child if the parent/carers has elected to home-educate, provided they are satisfied the arrangements they have made are suitable. The local authority retain responsibility for maintaining it, e.g. carrying out Annual Reviews. 

The commissioning body are still responsible for any health care provision detailed in an EHC P, for example speech and language therapy, though parent/carers can make their own alternative arrangements for health provision too.

Useful sources of information:

·       Norfolk County Council – Services to Home Educators Team - https://www.norfolk.gov.uk/article/38144/Elective-Home-Education-EHE

 

Flexi Schooling

Flexi-schooling is an arrangement agreed between the parent and their child’s school where the child is registered at school but only attends the school part time. The rest of the time the child is home educated by their parent(s) on authorised absence from school.  

A parent does not have an automatic right to flexi-schooling. It is a legal option so you can talk to school about the possibility, explaining why and how you think it would help your child.  

However, the Headteacher would need to agree to the arrangement and a school can refuse. There is no right to appeal against a school’s refusal to flexi-school.  

Can I ask for my child to attend school part-time? | (IPSEA) Independent Provider of Special Education Advice 

Flexi-schooling for SEN children - Special Needs Jungle