Home Educating a Child with SEND or an EHCP: Your Rights in the UK

You absolutely can home educate a child with Special Educational Needs and Disabilities. The same legal right applies under Section 7 of the Education Act 1996. But there are specific rules and exceptions you need to know — especially if your child has an EHCP.

The EHCP Exception

If your child has an Education, Health and Care Plan and attends a special school through arrangements made by the local authority, they cannot be removed from that school without the LA’s consent. This is set out in Section 348 of the Education Act 1996.

This applies to special schools only. If your child has an EHCP but attends a mainstream school, you can deregister normally.

What Happens to the EHCP?

When you home educate a child with an EHCP, the local authority retains its duty under Section 42 of the Children and Families Act 2014 to ensure the provision specified in the plan is met. The EHCP doesn’t disappear — it must be reviewed annually, even while the child is home educated.

You can request that the EHCP is amended to reflect home education provision. The LA should work with you to ensure appropriate support continues.

Accessing Services

Some services specified in the EHCP may still be available while home educating — speech therapy, occupational therapy, educational psychology. This varies by local authority. Discuss it with your LA’s SEND team early.

Under the Children’s Wellbeing Bill

The Bill does not prevent parents from home educating children with SEND. However, these families may be more likely to be drawn into processes around assessments, consent requirements (for children who have been involved with child protection), and home visits.

For detailed legal guidance, template letters, and your full rights, see our Complete Home Ed Startup Kit. The IPSEA website provides free legal advice specifically on SEND and education.