Tallybook

Guide · For parents

Home educating a child with SEND or an EHCP under the new Act

You have the same right to home educate as any other parent, whether or not your child has an education, health and care plan. The main difference is for children the council placed at a special school: you need the council's consent to withdraw them.

Last checked 10 November 2026. This is general information, not legal advice. IPSEA and SOS!SEN give free advice on special educational needs law.

The right is the same

Government guidance says the right to home educate applies equally to children with special educational needs. A council has no right to enter your home simply because your child has them.

What "suitable" means for your child

The education must suit your child's age, ability, aptitude and special educational needs. It does not have to copy what a school would provide. Guidance says differences between home and school provision do not automatically make home education unsuitable.

What happens to the plan

  • The plan stays in place.
  • If your home education is suitable, the council has no duty to arrange the provision in the plan.
  • The plan should record that you have made your own arrangements.
  • Annual reviews must still happen.
  • If home education stops being suitable, the council must provide what the plan sets out.

The council can, with your agreement, arrange for some provision to be delivered at home. That is different from elective home education, and councils generally do not fund arrangements parents make themselves.

Special schools: consent

If the council arranged your child's place at a special school, the school cannot remove them from the roll without the council's consent. That is the law today, and the 2026 Act restates it.

Under the Act, the council must refuse if it thinks school attendance is in your child's best interests, or if no suitable arrangements have been made. Otherwise it must agree. You can refer a refusal to the Secretary of State.

Children with a plan who attend a mainstream school are not in this group.

The register

Once it starts, the register can record whether a child has special educational needs or a plan, where the council holds that information.

Attendance orders

If an order is made for a child with a plan, the school named in the plan is the school named in the order.

You can ask for an assessment at any time

Home educating does not stop you requesting an assessment or reassessment of your child's needs.

Sources