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Educating your child or young person with SEND at home (EHE)

Elective Home Education is the term used to describe parents’ or carers decisions to provide education for their children or young people at home instead of sending them to school.

The Kirklees Elective Home Education (EHE) Team helps provide information on:

  • What to consider when deciding to home educate a child or young person
  • What you need to know / what the law says

Kirklees’ Elective Home Education Policy is currently under review, updated information will be published as soon as it is available.

Guidance for parents can found at the Department for Education EHE website (opens new page).

It is a good idea to get some impartial advice before making the decision to home educate, KIAS can offer advice (link at the bottom of the page).  You can also go to Support and Advice local offer page for more places for advice.

Making the decision to withdraw your child or young person from school can be a difficult choice and needs careful consideration to ensure it is a fully informed choice. 

We would advise speaking to school staff about any potential concerns in school (for example bullying, attendance or educational needs not being met) before making the decision to home educate your child or young person. 

By home educating, you are committing to making sure your child or young person receives full-time education at home. How you deliver this education is up to you, you may want to educate in a structured manner like a lesson in a school or you may feel that you want to teach your child in a more informal way. 

You must also meet the costs of educating your child or young person including any public examinations. 

Parents’ or carers right to educate their child or young person at home applies equally where a child has special educational needs & disabilities (SEND). This right is irrespective of whether the child has an Educational Health Care Plan (EHCP). 

As a parent or carer you have a legal duty to ensure that your child or young person receives “efficient full-time education, suitable –to the age, ability and aptitude, and to any special educational needs, either by regular attendance at school or otherwise” (otherwise can mean “at home”) 

The LA recognises and understands there are a range of approaches and philosophies home educating families may use and that there are many approaches to educational provision. 

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.

You can speak with the Elective Home Education Team by the following ways:

Telephone 01484 221919

Email EHETeam@kirklees.gov.uk 

Last updated: 29/09/2020

Useful links

Kirklees Elective Home Education Team

Kirklees EHE Team