Home Education and EHCP in England: What Happens to Your Child's Plan

The number of families choosing home education in England has grown substantially in recent years, and a significant proportion of those families have children with EHCPs. The intersection of home education and EHCP law is one of the most misunderstood areas of the SEND system — and getting it wrong can mean either losing your legal protections or carrying a financial burden the local authority should be bearing.

The law makes a fundamental distinction that every parent in this situation needs to understand.

The Critical Distinction: EHE vs. EOTAS

There are two legally distinct situations in which a child with an EHCP might not be attending school:

Elective Home Education (EHE): The parent voluntarily chooses to home-educate. In this case, under Section 7 of the Education Act 1996, the parent assumes full responsibility for the child's education. The local authority is entirely absolved of its duty to arrange or fund the special educational provision in the EHCP. The LA must review the EHCP and will typically amend Section I (the placement) to reflect home education, but it is no longer obliged to arrange or pay for the provision in Section F.

Education Otherwise Than At School (EOTAS): The LA determines — either following a request or on its own initiative — that it is "inappropriate" for the child's provision to be made in a school setting. This is authorised under Section 61 of the Children and Families Act 2014. Under EOTAS, the local authority remains legally responsible for arranging and funding the child's bespoke educational provision. Section F of the EHCP still specifies what must be provided, and the LA must fund it. Section I (named school) is left blank.

The difference in financial and legal consequence is enormous. Under EHE, the parent pays for everything. Under EOTAS, the local authority pays for everything specified in Section F.

When EOTAS Applies

EOTAS is appropriate when:

• A child's needs are so complex that no school can meet them — but a bespoke package of specialist therapy, tuition, and support delivered at home or in the community can
• A child has experienced significant school trauma and their SEMH needs are such that returning to any school setting would cause them serious harm
• A child has a medical condition that makes school attendance impossible for an extended period and requires a tailored educational provision

EOTAS is not the same as a child being on a medical roll or receiving home tuition during illness — those are temporary arrangements. EOTAS under Section 61 is a formal, documented arrangement where the local authority takes full responsibility for a comprehensive educational package.

To obtain EOTAS, you need to make the case to the local authority that it is "inappropriate" for your child to receive their provision in a school. Evidence of the child's needs and the failure of school-based placements is essential. A child's consultant paediatrician or psychologist writing to confirm that school attendance is causing significant harm can support this case.

What Happens to the EHCP if You Choose EHE

If you choose EHE voluntarily — even if you are driven to that decision by the failure of SEN support or the lack of an appropriate school placement — the legal consequences are:

• The EHCP remains on the LA's record but the LA is not required to arrange or fund Section F provision
• The LA may suggest ceasing the EHCP, though they cannot cease it simply because you are home educating; the EHCP can only be ceased if the child no longer requires it
• If you later wish to return to school-based provision, the EHCP will need to be reviewed and updated
• You will be responsible for funding any therapy, specialist tutoring, or educational support your child needs

This means choosing EHE with an existing EHCP is a significant decision. In some cases families make this choice because they have found an EOTAS arrangement informally — the LA agrees to fund certain therapies while the parent provides the educational element — but these informal arrangements are not legally robust and should be documented carefully.

Requesting EOTAS

To formally request EOTAS under Section 61, write to the local authority's SEN team. Your letter should:

• Explain why it is inappropriate for your child's provision to be made in a school setting
• Describe the specific needs that make school attendance harmful or impossible
• Propose a specific package of provision you believe would meet the child's needs in a non-school setting
• Reference any professional reports that support the case (medical, psychological, SALT, OT)

The local authority will need to amend the EHCP to reflect the EOTAS arrangement. Section I will be left blank (no named school), Section F will specify the bespoke provision, and the LA becomes responsible for funding it.

If the LA refuses EOTAS and you believe school-based provision is genuinely inappropriate for your child, you can appeal to the SEND Tribunal. The Tribunal can determine what type of provision is appropriate.

EHCP Portability and Home Education Moves

One related issue that arises frequently: families sometimes move local authority while home educating with an EHCP. Under Regulation 15 of the SEND Regulations 2014, when a family moves to a new local authority, the new LA assumes immediate responsibility for maintaining the EHCP from the date they are notified of the move.

For EHE families, this means the EHCP transfers to the new LA but the LA's limited funding obligations (if EHE is elective) also transfer. For EOTAS families, the new LA takes on the full funding obligation immediately, which can create friction as the new LA seeks to review and potentially revise the EOTAS arrangements.

A Warning About Informal Arrangements

A common pattern is this: a child's school placement breaks down, the parent begins home-educating informally, and the LA quietly allows the EHCP to drift without formally amending it. This situation is legally ambiguous and dangerous for the family. The parent may be in de facto EHE (losing their Section F rights) while believing the LA still has obligations.

If your child's school placement has broken down and you are considering home education, get legal clarity before making the move. Contact IPSEA or your local SENDIASS service before notifying the LA of your home education decision, to understand exactly what rights you are preserving or giving up.

The England EHCP & SEN Blueprint at /uk/england/iep-guide includes a guide to the EOTAS application process — including the evidence framework for demonstrating that school-based provision is inappropriate — and a comparison of the legal positions under EHE and EOTAS.

See more United Kingdom guides →