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  • If your child has special educational needs you have an equal right to home educate.  However, if your child currently attends a special school his/her name cannot be removed from the roll of that school without the agreement of the Local Authority.
  • If a child who is home educated has an Education, health and care plan (EHCP), the Local Authority remains responsible for ensuring that the child’s needs are met and are under a duty to maintain the child’s statement and to review it annually.
  • It may be appropriate, once it is established that a child’s special educational needs are being met without any additional support from the County Council, to review the EHCP.
  • If the home education which the parents are providing falls short of meeting the child’s needs, as identified in the EHCP, then this education would not be deemed “suitable”.
  • If, after a period given to address the concerns, the education is still considered not suitable, you will be asked to send/return your child to school.
  • If you fail to do so a School Attendance Order may be served.
  • If you are educating your child at home and feel he/she has special educational needs you may ask the County Council to carry out a statutory assessment (or reassessment) for an EHCP.