Educating a child with an Education, Health and Care Plan (EHCP) at home represents one of the fastest-growing pathways within the UK elective home education landscape. For neurodivergent children experiencing severe school-induced anxiety, sensory overload, or unmet educational needs, stepping outside the mainstream classroom often provides an essential lifeline. However, understanding how local authority funding, statutory reviews, and legal duties interact with home education is crucial to securing continuous therapeutic and financial support.
Under English law, the legal framework governing elective home education differs fundamentally depending on whether the arrangement is classified as standard parent-funded Elective Home Education (EHE) or Education Otherwise Than At School (EOTAS) under Section 61 of the Children and Families Act 2014.
Elective Home Education (EHE) vs. EOTAS: The Crucial Legal Distinction
The moment a parent chooses to withdraw their child from a registered school, the legal obligations of the local authority undergo a critical transformation. Understanding this divide determines whether the council continues to pay for therapies and specialist support or shifts the entire financial burden onto the family.
| Educational Category | Governing Legal Statute | Council Duty to Fund Section F | Local Authority School Naming Duty |
|---|---|---|---|
| Standard Elective Home Education (EHE) | Education Act 1996 § 7 | Discharged; council has no duty to fund | Section I names parental home education |
| Education Otherwise Than At School (EOTAS) | Children & Families Act 2014 § 61 | Mandatory; council must fund all named provisions | Section I remains blank or specifies EOTAS |
| Special School Deregistration | Pupil Registration Regulations 2006 § 8(2) | Council consent required prior to off-rolling | Requires formal local authority sign-off |
| Flexi-Schooling Arrangement | DfE Attendance Guidance | Retained by maintained school or academy | School remains named in Section I |
When parents electively home educate under Section 7 of the Education Act 1996, the local authority is legally deemed to have discharged its duty under Section 42 of the Children and Families Act 2014. This means the council is no longer required to provide the therapies, speech interventions, or specialist tutors listed in Section F of the EHCP.
Conversely, if parents establish that a school environment is genuinely unsuitable for the child, the local authority can agree to package the provision under Section 61 as EOTAS. Under an EOTAS agreement, the local authority retains 100% statutory responsibility for financing every single intervention set out in Section F, delivered directly in the child’s home or community setting.
Securing Personal Budgets and Direct Payments
If your child’s EHCP includes clear, quantified special educational provision in Section F, parents have a legal right to request a Personal Budget during an annual review or when a new plan is issued.
A Personal Budget is an allocation of local authority funds identified to deliver specific provisions within the plan. Under the Special Educational Needs (Personal Budgets) Regulations 2014, parents can receive direct payments into a dedicated bank account to contract speech and language therapists, occupational therapists, specialized tutors, or equine therapy practitioners directly.
To successfully secure a Personal Budget, parents must present a detailed delivery proposal demonstrating:
- How the selected private therapists hold recognized professional credentials (such as HCPC registration).
- Clear cost breakdowns showing parity with or savings against standard NHS or council commissioning rates.
- Specific safeguarding protocols and enhanced DBS checks for all independent practitioners entering the home.
The Annual Review: Your Legal Rights and Best Practices
A common misconception among local authorities is that if a child is being electively home educated, the council no longer needs to conduct statutory annual reviews of the EHCP. This is legally incorrect. Under Section 44 of the Children and Families Act 2014, the local authority retains an unbending duty to review the plan every 12 months, regardless of where or by whom the education is delivered.
During the annual review, parents should systematically update Sections B (special educational needs) and F (provision). Documenting progress through work samples, private psychological assessments, and therapy logs creates an undeniable evidentiary record of your child’s developmental trajectory. If progress accelerates significantly outside the school setting, this documentation provides formidable evidence to retain an EOTAS package or expand direct payment allowances.
Should the local authority attempt to cease maintaining the EHCP simply because you are educating at home, parents can lodge an immediate appeal with the First-tier Tribunal (Special Educational Needs and Disability). The Tribunal routinely overturns premature council cessations, confirming that home-educated young people remain entitled to an active plan until their educational goals are achieved or they turn 25.
Step-by-Step Protocol: Requesting an EOTAS Package from Your Council
Securing a formally funded Education Otherwise Than At School (EOTAS) package under Section 61 requires strategic preparation. Follow this tested 4-step administrative process:
- Collate Objective Clinical Evidence: Gather formal diagnostic letters from NHS or private consultant clinical psychologists, occupational therapists, and pediatricians confirming that the child suffers acute distress in institutional school settings.
- Submit a Formal EOTAS Request: Submit a written letter to your local authority SEND caseworker requesting an early annual review or amendment to Section I, explicitly citing Section 61 of the Children and Families Act 2014.
- Itemize Provision Costings: Provide a clear, itemized weekly schedule of required therapies and specialist tutoring, including hourly rates and practitioner credentials.
- Prepare for SEND Tribunal Appeal: If the local authority refuses your request and names an inappropriate school in Section I, lodge an immediate appeal with the First-tier Tribunal (SEND) within two months of the decision letter.
Frequently Asked Questions: Homeschooling with an EHCP in the UK
Can the local authority force my child to return to school if they have an EHCP?
No. Provided the child is not enrolled at a registered special school, parents have the absolute legal right under Section 7 of the Education Act 1996 to withdraw their child by submitting a formal deregistration letter to the headteacher. The council cannot force school return unless they formally issue a School Attendance Order (SAO) after proving education at home is unsuitable.
What happens if the council tries to cancel or cease my child’s EHCP?
Under Section 45 of the Children and Families Act 2014, a local authority may only cease to maintain an EHCP if the young person no longer requires special educational provision or if they are no longer the council’s responsibility. Home educating does not meet this legal threshold, and parents can immediately appeal any cessation notice to the SEND Tribunal.
How do I arrange examination access arrangements for private GCSE exams?
Private candidate examination centers require approved access arrangements (such as 25% extra time, a reader, or a separate room) to be certified by a qualified specialist assessor. Your current EHCP and clinical diagnostic reports serve as essential corroborating evidence for the exam center SENCO when submitting Form 8 applications to the Joint Council for Qualifications (JCQ).
Disclaimer: This post is for informational and educational purposes only, accurate to the best of our knowledge at publication. It does not constitute advice. We do not guarantee accuracy or completeness and accept no liability for any decisions or losses resulting from reliance on this content.
