Parents’ right to educate their child at home applies equally where a child has an Education, Health and Care Plan (EHCP).

Parents of any child subject to the statutory provisions of an EHCP who are considering whether to make their own arrangements should discuss this with their child’s school SENCO and/or the named London Borough of Bexley SEND Case Officer to ensure that they are fully aware of alternatives (amended provision and/or change of placement) and their SEN statutory rights of appeal.

Parents considering to Electively Home Educate may wish to familiarise themselves with paragraphs 10.30 to 10.38 of the SEND Code of Practice (January 2015).

Under Section 42 of the Children and Families Act (2014) the local authority is responsible for securing the specified special education provision within a child’s EHCP. However, this only applies if the child’s parents have not arranged a suitable education in some other way⁴. Therefore if the home education is suitable the local authority has no duty to arrange any special educational provision for the child.

Where a child or young person is a registered pupil and the parent decides to home educate, schools should liaise with their London Borough of Bexley SEND Case Officer as soon as they are aware of the parent’s intention so that an emergency annual review can be offered. This will include a review of the EHC Plan and determine the support needs and options, in case this is the cause for the parent’s declaration.

Where a child or young person is a registered pupil, the parent must notify the school in writing that the child or young person is receiving education otherwise than at school and the school must then remove the pupil's name from the admission register. However, the school should be minded that, while they are named on the EHCP, section 66 of the Children and Families act imposes a duty on the appropriate authority to ‘use its best endeavours to ensure that the special educational needs are met’⁵.

If the school is a special school, London Borough of Bexley must give consent for the child's name to be removed. Such cases will be brought before the London Borough of Bexley SEN Panel for evaluation and the parent informed of the Panel decision.

In either case, parents should be aware that there is no provision in law for a ‘trial period’ of home education⁶.

London Borough of Bexley has a duty to review EHC Plans annually, following procedures set out in the 'SEND Code of Practice: 0 to 25 years'.

Annual Review meetings for electively home educated children will be convened and chaired by the SEND Case Officer and Elective Home Education Officer; parents are welcome to be present, but they are not obliged to do so.

In order to assess whether home provision is suitable for the special education needs of the child, parents will be asked to provide information regarding the home education provision. London Borough of Bexley will only be relieved of its duty to arrange the provision specified in the child’s EHCP if it is satisfied that the arrangements are suitable.

If London Borough of Bexley is satisfied with the parents’ arrangements, it will continue to have a duty to maintain and review the EHCP annually until it decides to cease the EHCP or the EHCP is transferred to another local authority.

In cases where it is agreed that home education is the right provision for a child or young person with an EHCP, the plan should make clear that the child or young person will be educated at home.

Where it appears to the London Borough of Bexley that a child is not receiving education suitable to age, ability and aptitude and SEN, the procedures set out in “10. Where formal notice is required” will be followed. If the EHCP remains in place, it will be maintained and reviewed annually and amended where appropriate.

A parent who is educating their child at home may ask London Borough of Bexley to carry out a statutory assessment of their child’s special educational needs. London Borough of Bexley will consider the request within the same statutory timescales and in the same way as all other requests.

⁴ Section 66 Children and Families Act 2014 - in the case of a maintained school, maintained nursery school or institution within the further education sector, the governing body.

⁵ Section 42 Children and Families Act 2014 (5) Subsections (2) and (3) do not apply if the child’s parent or the young person has made suitable alternative arrangements.

⁶ Section 10.33 SEND Code of Practice (January 2015).