Under Section 7 of the Education Act 1996, parents have the right to educate their children at home. The Special Educational Needs and Disability Code of Practice says LAs should fund the SEN needs of home-educated children where it is appropriate to do so. However, there is no legal duty on LAs to fund any element of the child’s education. Parents need to consider this carefully before withdrawing a child from school.

Where the child has an EHC plan, parents should be particularly cautious about withdrawing their child from school, as if the parent chooses to home educate the LA will be relieved from the duty to ensure any special educational provision specified in Section F of the plan is provided. Note that elective home education is different from children being educated ‘otherwise’ than in an education setting (for example, children who receive the majority of their education at home, but that education is provided by the LA or another provider). For more information about this see the section about choosing a school or other setting.