Elective Home Education

Elective Home Education

On 20 October 2020, the Department for Education published advice for parents considering Elective Home Education (EHE), ‘All you need to know about home-schooling and elective home education.’

This series looks at the key points in this advice.

What is Elective Home Education (EHE)?

EHE is when a parent chooses to have their child educated outside of the usual full-time at school. Parents assume responsibility for making sure their child receives a full-time education other than at school.

The responsibility for a child’s education rests with their parents

In England, education is compulsory, but school is not.

Section 7 Education Act 1996 sets out the duty of parents to secure education of children of compulsory school age:

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable –

(a) to his age, ability and aptitude, and

(b) to any special educational needs he may have, either by regular attendance at school or otherwise.

Parent’s responsibility

Elective Home Education (EHE) requires parents to take full responsibility for their child’s education, including all associated costs (such as exam fees).

Schools and Local Authority 

Schools do not have to provide any support to parents that have withdrawn their child for Elective Home Education (EHE). The children will not be enrolled at the school, relieving the school from any duties to ensure support is provided. 

Your local authority (LA) has no formal power to monitor the provision of education at home. However, LAs are entitled to make informal enquiries of parents to establish what education is being provided. 

‘Off-rolling’ is never acceptable 

Parents can choose to home educate their child. If this is what is right for them and their child this can be a positive step but:

Parents should not be placed under pressure by schools to electively home educate their child. This is a form of ‘off-rolling’ and is never acceptable.

If you feel under pressure to keep your child at home and educate the child yourself rather than sending them back to school full-time, we advise you can: 

-Make a complaint to the school governing body 

-Contact the Local Authority if your child has an EHCP. 

If you decide to home educate, you will need to write to the school

If your child is already at school, you must write to the head teacher to tell them you’re going to educate at home. 

If your child hasn’t been to school, you don’t have to tell the Local Authority (LA) about your decision, but it is advisable to let them know.

If your child attends a special school you will need to seek permission from the LA to remove them from the school register. You would also need to ask for the EHCP to be reviewed so that home education can be named in section I.

The Government advice states:

‘We strongly recommend you meet with your LA to consider whether EHE is appropriate for your family and your child before you decide whether to withdraw them from their school’s roll.

Where a pupil is withdrawn from school for EHE, there is no obligation for the school to keep that place open. If the parent wishes to return their child to school, they may not be able to return to the same school.’

Children or Young People with EHC Plans

If your child has an EHC plan, you may be able to home educate. You must tell the school and the Local Authority and they must review the EHC plan every year to make sure your child’s needs are being met.

Choosing Elective Home Education with an EHC Plan means the LA no longer has a legal duty to secure any of the special educational provision specified in the plan. The parents/carers are expected to make their own suitable alternative arrangements.

Is your child or young persons’ current educational placement not working?

You may wish to request an emergency Annual Review to amend the EHC plan to set out a different special educational provision and/or name a different school rather than attempting to take on home education without support. If you child does not have an EHCP, you may wish to consider requesting an EHC needs assessment.

School attendance order

Once a child is educated at home, Local Authorities may make enquiries as to how suitable the education being provided is. If, on receiving written notice, a parent fails to satisfy the enquiry, the LA may issue you with a School Attendance Order.

A School Attendance Order can require you to register your child at a school that the LA names. If you don’t follow what’s set out in School Attendance Order you can be taken to court. The court may make an Education Supervision Order.

For further information, see our useful resources section below.