If your child or young person has SEND and attends a special school, you’ll need to get the council’s permission to educate them at home. You do not need the council’s permission if your child or young person attends a mainstream school, even if they have an EHCP. If your child or young person is attending school because of a school attendance order, you must get permission from your local council before you can educate them at home.
When your child or young person has an EHCP, it is the local authority's duty to ensure that the educational provision specified in the plan is made available to the child or young person - but only if you as the parents have not arranged for the child or young person to receive a suitable education in some other way.
Therefore, if the home education you provide as parents or carers is suitable, the local authority has no duty to arrange any special educational provision for the child or young person; the plan should set out the type of special educational provision that the local authority thinks the child or young person requires and should also state that parents have made their own arrangements under section 7 of the Education Act 1996.
The local authority will of course continue to check the suitability of the home education as required by sections 436A and 437 of the 1996 Act, and if at any point it considers that the home education is no longer suitable, it must ensure that the special educational provision specified in the EHCP is made available as well as taking the steps set out above in relation to school attendance.
The Local Authority will continue to hold an Annual Review, this includes ensuring that the EHCP is still appropriate and needs to remain in place. Your rights to appeal to a SEN Tribunal still apply.
If you are educating a child or young person at home already and come to believe that they have special educational needs, you can ask the local authority to carry out a statutory assessment or reassessment of their special educational needs and the local authority must consider the request within the same statutory timescales and in the same way as for all other such requests.