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.