Home Schooling and EHCPs
Here at Bright Futures we get many enquiries about home education and EOTAS (education, otherwise than at school).
Home education normally refers to electively deciding to educate your child at home. If this is the case, the LA has no legal duty to provide SEP in the plan but it should review the educational provision each year.
EOTAS is determined through Section 61 of Children’s and Families Act:
61 Special educational provision otherwise than in schools, post-16 institutions:
(1) A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.
(2) An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.
(3) Before doing so, the authority must consult the child’s parent or the young person.
This could amount to things like therapies being delivered in the home, for instance.
The problem arises with the fact that EOTAS can not be named in Section I of the EHCP as determined by:
East Sussex County Council v TW [2016] UKUT 528
It is not permissible to name the home as an ‘institution’. The named placement must be somewhere to ‘attend’.
But, as stated in the latest case law: M and M V West Sussex County Council, the Judge states they do not believe it would be the governments intention to not allow education otherwise to potentially be an option for families (if in line with Section 61).
M & M v West Sussex County Council (SEN) [2018] UKUT 347 (AAC)
Whilst agreeing with the East Sussex case in terms of what can be named in Section I of the plan, the Judge gives helpful information on how to to record elements of EOTAS in to Section F of the EHCP.
It is recognised that it is not always appropriate for a child to be educated in a school.
The judge states that EHCPs could be framed on the basis that the ultimate aim is to help the child return to school when ready OR that some of the educational package is at home (or education otherwise than at school).
The EHCP could name a school that you hope your child could attend, in the future - whenever they are ready.
For more information on these cases, please see below:
East Sussex County Council v TW [2016] UKUT 528
If you would like to discuss your case further, book in a call here or book on to your webinar about everything you need to know about home schooling and EHCPs.
