Home educating a child with an Education, Health and Care (EHC) Plan, or with special educational needs more broadly, raises questions that most general home education guidance simply does not answer. Does the plan disappear the moment you deregister? Will your Local Authority still pay for the support named in it? Do you need permission at all?
The short answer is that your right to home educate is not reduced by a diagnosis, an EHCP, or a history of SEND support. But an EHCP does add a second layer of process alongside that right, and getting the detail wrong, especially around deregistering a child from a named special school, can cause real problems. This guide sets out exactly what applies, what your Local Authority must and must not do, and what the government's 2026 SEND reforms actually mean for families already home educating.
Home education and SEND: what the law actually says
Under section 7 of the Education Act 1996, the duty to secure a suitable education sits with parents, and that duty is not altered by a child having special educational needs. Home educating a child with SEND, whether or not they have an EHCP, is exactly as lawful as home educating any other child.
What changes is not your right to home educate, but the layer of process that sits around a child who already has an EHC Plan. The SEND Code of Practice, statutory guidance made under the Children and Families Act 2014, sets out ongoing duties that apply to your Local Authority regardless of where or how your child is educated, alongside a narrow set of rules that apply specifically when a plan names a special school.
An Education, Health and Care Plan does not take away your right to home educate. It simply adds a second layer of process alongside a right that already exists.
Deregistering a child with an EHCP: mainstream vs special school
If your child does not have an EHCP, or has an EHCP that names a mainstream school, deregistering to home educate works exactly the same way as it does for any other family. You do not need anyone's permission. You simply notify the school in writing that you are taking responsibility for your child's education, and the school is legally obliged to remove your child from its admissions register.
The exception, and it is a genuine one, is a child whose EHCP names a special school. In that specific situation, you need your Local Authority's agreement, or a direction from the First-tier Tribunal or the Secretary of State, before you can lawfully deregister. Deregistering a child from a named special school without going through one of these routes can leave you exposed to enforcement action, so this is not a step to take on the basis of general home education advice alone.
In practice, this means the single question to ask is not "does my child have an EHCP?" but "does the EHCP name a special school?" A plan that names a mainstream school, or a plan where no school is currently named, does not trigger this requirement.
What your Local Authority is required to do
Once you are home educating, whether or not your child has an EHCP, your Local Authority retains a defined set of legal duties. These do not go away simply because your child is no longer sitting in a classroom.
- Maintain and annually review the EHCP. Home educating does not end the plan. Your Local Authority must continue to review it at least once a year, in the same way it would for any child with a plan.
- Fund and arrange any provision named as Education Otherwise Than At School (EOTAS) in Section I of the plan, since this is provision the Local Authority itself has agreed should be delivered outside a school setting.
- Continue to secure the health and social care provision named in Sections G and H of the plan, regardless of where your child is being educated.
- Carry out a reassessment or amendment of the plan if you request one and the statutory criteria are met.
- Provide information and advice about SEND support available to home educating families, including through its published Local Offer.
- Treat you and your child fairly in any dealings related to home education, without requiring you to justify your decision beyond confirming a suitable education is in place.
What your Local Authority is not required to do
Just as important is the list of things a Local Authority cannot lawfully insist on once you are home educating a child with SEND.
- Fund or arrange the special educational provision named in Section F of the EHCP once your child is no longer attending the school it names, unless that provision has specifically been agreed as EOTAS.
- Insist on a home visit to check on your child's education. This is not a legal requirement for any home educating family, EHCP or not.
- Require your child to follow the National Curriculum or the objectives that were originally written for a school placement.
- Cancel or unilaterally amend the EHCP simply because you have chosen to home educate.
- Demand a justification for your decision to home educate beyond confirming that a suitable education is being provided.
- Refuse to review or maintain the plan on the basis that your child is being home educated.
Does the EHCP stay in place if you home educate?
Yes. Choosing to home educate does not cancel an EHCP, and your Local Authority has no power to end it simply because your child is no longer in school. The plan continues to exist, and the statutory duty to review it annually continues alongside it.
What does change is who is responsible for delivering the education itself. Ordinarily, an EHCP names a school and the Local Authority is responsible for ensuring the provision in Section F is delivered there. Once you take over your child's education under section 7, that specific duty, to arrange the Section F provision at a named school, no longer applies, because your child is not attending that school. Your Local Authority will still fund and arrange provision the plan itself has specifically named as EOTAS, and it remains fully responsible for the health and social care provision in Sections G and H, whatever your child's education setting.
Choosing to home educate does not put an EHCP in a drawer. Your Local Authority's duty to maintain and review the plan continues; what changes is who is responsible for delivering the educational provision itself.
Elective home education vs EOTAS: what's the difference?
These two terms get confused constantly, and the difference matters because it decides who pays for what.
Elective home education (EHE) is a choice you make as a parent under section 7 of the Education Act 1996. You are choosing to take on responsibility for your child's education instead of using a school place. Because this is your decision, not one made or agreed by the Local Authority as part of the EHCP process, your Local Authority has no funding obligation for the education itself once you have taken this step, beyond the EOTAS and health/social care provision described above.
Education Otherwise Than At School (EOTAS) is different. It is a specific type of placement recorded in Section I of an EHC Plan, used when the Local Authority itself agrees that a school setting is not appropriate and that the provision in the plan should instead be delivered elsewhere, for example through specialist tutors, therapies, or a bespoke package of support. Because the Local Authority has agreed to this arrangement as part of the plan, it remains responsible for funding and arranging it.
The practical distinction is who initiated the arrangement. If you choose to home educate, that is EHE, and the funding responsibility for the education itself sits with you. If your Local Authority agrees, through the EHCP process, that education otherwise than at school is the right placement for your child, that is EOTAS, and the funding responsibility stays with them.
The 2026 SEND White Paper: what is actually changing
The government has signalled significant reform to the SEND system, and a White Paper setting out proposals has been widely trailed in 2026. It is worth being precise about what that means in practice, because a White Paper is a statement of proposals, not a change in the law. Nothing in it takes effect simply by being published.
At the time of writing, no legislation implementing these proposals has been passed, and the rights and duties set out earlier in this guide, your right to home educate under section 7, your Local Authority's duty to maintain an EHCP, and the EOTAS funding rules, remain exactly as they are today. Any actual change would need to go through consultation, drafting, and parliamentary scrutiny before becoming law, and a further commencement date after that before it took effect.
If you are home educating a child with an EHCP now, or are considering it, the most useful thing you can do is treat proposals and confirmed law as two separate categories, and check gov.uk or a specialist SEND organisation directly for the current status, rather than relying on a headline or a social media summary.
Summary: your SEND rights at a glance
| Situation | What applies |
|---|---|
| Deregistering with an EHCP naming a mainstream school | No Local Authority consent required, simply notify the school in writing |
| Deregistering with an EHCP naming a special school | Local Authority agreement, or a tribunal / Secretary of State direction, required first |
| Local Authority's duty to maintain and review the EHCP | Continues regardless of home education |
| Local Authority's duty to fund Section F school-based provision | Ends once your child leaves the named school, unless the plan specifies EOTAS |
| Local Authority's duty for health and social care provision | Continues regardless of where your child is educated |
| Requirement to follow the National Curriculum | None, for any home educating family |
| Right to decline a home visit | Yes, the same as any home educating family |
Frequently asked questions
Do I need permission to home educate a child with an EHCP?
No, in almost every case. Your right to home educate under section 7 of the Education Act 1996 is not reduced by an EHCP. The only exception is a child whose EHCP names a special school, where you need your Local Authority's agreement, or a tribunal or Secretary of State direction, before deregistering.
Does the EHCP stay in place if I home educate?
Yes. Home educating does not cancel an EHCP, and your Local Authority cannot end it simply because your child is no longer in school. The plan continues to exist, and your Local Authority's duty to review it annually continues alongside it.
Will the local authority still fund support from the EHCP?
It depends on what the support is. Your Local Authority will continue to fund and arrange any provision the plan specifically names as Education Otherwise Than At School (EOTAS), and it remains responsible for the health and social care provision in Sections G and H regardless of your child's education setting. It is not required to continue funding the school-based educational provision in Section F once your child has left the school that provision was written for.
What is the difference between elective home education and EOTAS?
Elective home education is your own choice as a parent under section 7, and your Local Authority has no funding obligation for the education itself once you make it. EOTAS is a placement your Local Authority itself agrees to and records in Section I of the EHCP, which is why it keeps the funding responsibility for provision recorded that way.
Is my child's EHCP at risk under the 2026 SEND reforms?
Not based on anything currently in force. A White Paper is a statement of proposals, not a change in the law, and at the time of writing no legislation implementing these proposals has been passed. The EHCP rights and Local Authority duties described in this guide remain exactly as they are today.
Where can I get specialist advice about my child's EHCP?
IPSEA (Independent Provider of Special Education Advice) offers free legally based advice on EHCPs, and every Local Authority is required to fund an independent SENDIASS (SEND Information, Advice and Support Service) for exactly this purpose. The gov.uk SEND hub can point you to your local service. Both are worth contacting before making a significant decision, such as deregistering a child from a named special school.
Further reading
- Elective home education legal rights in England: myth vs fact
- How to respond when your Local Authority contacts you about home education
- What records do home educators need to keep in England
Little Folio is a record-keeping app built for home educating families in England. Log activities, store evidence, manage Local Authority correspondence, and generate professional reports in one place.
Last updated: August 2026. This post is for information only and does not constitute legal advice. Verify against current official guidance and seek independent advice for your specific circumstances, particularly before deregistering a child from a named special school.