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

Last reviewed 28 September 2026. Checked against section 42 of the Children and Families Act 2014, regulation 9 of the School Attendance (Pupil Registration) (England) Regulations 2024 and the commencement status of the Children’s Wellbeing and Schools Act 2026 on legislation.gov.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.

Do you need council consent to home educate a child with an EHCP?

Only if they are at a special school the council arranged. 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 Regulation 9(2) of the School Attendance (Pupil Registration) (England) Regulations 2024.

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?

No, the EHC plan does not disappear. The local authority keeps maintaining it and must review it at least every 12 months, even while your child is home educated. Its duty under section 42(2) of the Children and Families Act 2014 to secure the special educational provision in the plan does not apply while you have made suitable alternative arrangements (section 42(5)), so in practice you arrange and fund the education yourself, although a council can still choose to help.

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.

Does the Children’s Wellbeing and Schools Act 2026 stop you home educating a child with SEND?

No. The Act does not prevent parents from home educating children with SEND. It adds local authority involvement before some children can be withdrawn from school, and a register of children not in school. As at 28 September 2026, sections 37 to 39 of the Act (local authority involvement in withdrawal from school, the register of children not in school, and the new school attendance order rules) are in force only for the purpose of making regulations, so they do not yet apply to families.

For detailed legal guidance, template letters, and your full rights, see our Complete UK Home Education Starter System. The IPSEA website provides free legal advice specifically on SEND and education.

Common Questions About Home Education in the UK

Do I need to follow the National Curriculum?

No. Home educating families in England and Wales are not required to follow the National Curriculum, use timetables, have formal lessons, or work set hours. The legal requirement is to provide an “efficient full-time education suitable to the child’s age, ability and aptitude.” How you achieve that is entirely up to you. Many families use a mix of structured resources, interest-led learning, outdoor education, and real-world experiences.

What about socialisation?

This is the question every home educating parent gets asked. Home educated children socialise through home ed groups (most areas have active local groups that meet weekly), sports clubs, Scouts and Guides, music lessons, co-op classes, community activities, and spending time with people of all ages, not just children born in the same 12-month window. Research consistently shows that home educated children develop strong social skills and are often more confident communicating with adults.

Can I home educate if I work?

Yes, though it requires planning. Many home educating parents work part-time, freelance, or have flexible arrangements. Some families share teaching responsibilities between two parents. Others use structured online programmes during work hours and do more interactive learning in the evenings and weekends. It’s not easy, but it’s done by thousands of UK families every day.

If you’re just starting out or thinking about deregistering, our Home Education Hub has everything you need, from understanding your legal rights to practical guides on timetables that actually work. For a complete starter pack with deregistration letter templates and resource lists, see our free Home Ed Starter Checklist.

Home education is a legal right in the UK. It is one lawful way to educate a child rather than the only right one. School suits many children and home education suits others. What the law asks for is an efficient full-time education suitable to your child’s age, ability and aptitude, and it does not say where that has to happen.

More answers: see our complete UK Home Education FAQ, covering the 20 questions UK parents ask most about home educating.

More on this: everything we have on SEND, EHCPs and neurodivergent kids is gathered in the SEND hub, including the free EHC needs assessment letter generator.