SEN

Home educating a child with special needs

Some parents turn to home education when they have been unable to get their child's needs met in the school system. Other families decide when their children are very young that school is unlikely to meet their needs. In addition, parents of children with special needs may also have philosophical or religious reasons for home educating. Children with special educational needs have an equal right to be educated at home.

Home education and special needs in England & Wales

In England and Wales, the parent has a duty to cause the child to receive efficient full time education suitable to age ability aptitude and special needs.

The local authority has a duty to identify children who are not receiving education as well as a duty to provide sufficient school places for children in the area.

In the case of a child with a statement of special educational needs, the local authority has an additional duty to review the statement annually to establish whether the child's needs are being met and whether the statement should remain in force.

Law Relating to Home Education in England & Wales

Taking a Child out of Mainstream School

If the child is a registered pupil at a mainstream school, the parent wishing to home educate should send a written request to the proprietor for the child's name to be taken off the school roll. The process is the same irrespective of whether the child has a statement of special educational needs or not. Read about deregistration here.

Taking a Child out of a Special School

If the child is a registered pupil at a special school, the parent requires consent from the local authority before the child's name can be removed from the school roll. Some local authorities will ask for further information before agreeing that the child's name can be removed. Consent must not be unreasonably withheld.

Statement of Special Educational Needs

The statement is not enforceable on the parent. The parent has a legal duty to provide education to meet the child's special needs, but education at home may be very different from school-based provision. (See our Links section for more information about this).

Annual Review

The statement of special needs must be reviewed annually for as long as it remains in place. As the child's main educator, the parent will supply information to the review team about how the child's special needs are being met via education at home.

Not Mandatory to See Child or Home

The Department for Children Schools and Families has recently confirmed that it is not mandatory to see the child or the home as part of the review process. Read more here.

To Start a Statement and Stop a Statement

In some cases, the home educating family will be able to make the case that the statement is irrelevant and should cease to remain in place.

In other cases, particularly when the family wishes for the child to return to school, it is possible for the statement process to be initiated while the child is home educated.

However, there is very little about the statement process which is straightforward and practice varies throughout the country.

Local Authority Funding for Home Educated Children with Special Needs

At the end of 2009, Government Ministers said that local authorities could draw down funding through the Dedicated Schools Grant for "home educated pupils whom they support financially and who have a statement, or who have significant special educational needs that have not been formally recognised through a statement."

See Secretary of State's letter October 2009 and Ministerial statement November 2009.

Welfare Rights Information

Parents are entitled to claim Income Support if they receive Carers' Allowance which is payable to claimants who are caring for a child or adult receiving Disability Living Allowance at medium or higher rate. In other cases, the entitlement to Income Support on the grounds of being a lone parent currently cease when the youngest child is 12 years old and from October 2010 the entitlement will cease when the youngest child reaches the age of 7.

Read more from EO Welfare Rights Briefing Page here.

Specialist Information and Advice from Benefits and Work

Education Otherwise is a Professional Member of the organisation Benefits and Work and has access to specialist guides Disability Living Allowance and Employment Support Allowance which can be shared with EO members on request.

Education Otherwise Disability Group

Education Otherwise has a Disability Group which focuses on home education from the perspective of families with special needs and disabled children.

Articles with a focus on special needs are published in the Education Otherwise monthly bulletin for members.

Useful Contacts

Education Otherwise Members Forum

Education Otherwise Special Needs Contact

HE-Special internet support list for home educating parents of children with special needs

Links

Special Educational Needs Code of Practice

Case law which affirms that parents do not have to provide what is in the statement

Baroness Ashton, House of Lords 2001: the parent does not have to make the provision set out in the statement