EHCP Home Education: How It Works When You Withdraw from School

The EHCP Doesn't Disappear

One of the biggest fears UK parents have about home education is losing their child's Education, Health and Care Plan. It doesn't work that way.

When you deregister your child from a mainstream school to home educate, the Local Authority retains a duty to maintain the EHCP and conduct Annual Reviews. If the LA considers the home education suitable, it names "EHE" (Elective Home Education) in Section I instead of the school.

Under EHE, the LA's duty to arrange special educational provision under Section 42 of the Children and Families Act 2014 ceases when the home education arrangements are suitable. But the EHCP itself — the legal document recording your child's needs and the provision required — stays active.

Special School Consent: The Rule That Catches People

If your child is registered at a special school under arrangements made by the Local Authority, you cannot simply send a deregistration letter. You need formal LA consent before the child can be removed from the school roll. The consent requirement depends on the placement being made under LA arrangements; check with the LA if that is unclear.

This rule exists under the Education Act 1996 and is reinforced by the Children's Wellbeing and Schools Act 2026 (Royal Assent April 2026). It applies where the LA arranged the special-school placement.

Start the conversation with the SEN team before sending the deregistration letter so you understand the LA's consent process.

Mainstream School Withdrawal: The Process

For children at mainstream schools, the process is simpler:

1. Write a deregistration letter to the Headteacher stating your intention to home educate
2. The school must remove your child from the roll and notify the LA
3. The LA may contact you about home education arrangements
4. The EHCP Annual Review continues; you attend and contribute evidence of your child's progress

EOTAS: When the LA Funds Your Home Education

Education Otherwise Than At School (EOTAS) is the route that changes the financial picture. Under Section 61 of the Children and Families Act 2014, if the LA agrees that school attendance is inappropriate for the child, it can designate EOTAS in the EHCP. In that case, the LA directly funds home tutors, therapies, and educational resources.

EOTAS is most commonly granted where:

• The child has been unable to attend school due to medical or mental health needs (including autistic burnout and school refusal)
• Previous school placements have broken down
• The child is on a part-time timetable with no prospect of returning to full-time attendance

The argument is strongest when you have documented evidence: medical letters, therapy reports, attendance records showing persistent non-attendance, and records of restrictive practices or informal exclusions.

EOTAS is different from Elective Home Education. With EHE, you choose to home educate and fund everything yourself. With EOTAS, the LA accepts that school is unsuitable and provides funding. You can request EOTAS through the EHCP Annual Review or by applying to the SEND Tribunal.

The Children's Wellbeing and Schools Act 2026

The Act received Royal Assent on 29 April 2026, with practical implementation of its home education provisions targeted for 2027. Key changes:

• Children Not in School (CNIS) registers become mandatory — LAs must maintain registers of all home-educated children
• Standardised suitability check frameworks — LAs will have clearer statutory guidance on what constitutes a "suitable" home education
• Reinforced special school consent rules — the consent requirement for withdrawing from LA-placed special schools is tightened

The Act doesn't make home education harder to start, but it does increase the administrative requirements around it. Parents will need to register and may face more structured interactions with the LA than under the current system.

Attendance Penalties and the Timing Problem

England's national attendance framework sets a first penalty notice at £80 per parent, per child if paid within 21 days, rising to £160 if paid after 21 days but within 28 days. Schools must consider a penalty notice when a child has 10 unauthorised sessions (5 school days) in a rolling 10-school-week period.

Autistic children experiencing emotionally-based school avoidance are frequently hit by automated penalty notices before parents have formally deregistered them. If a notice is issued, get advice on the individual circumstances before responding.

Practical Checklist

1. Before withdrawal: Request all therapy reports, OT assessments, and SALT records from school — you'll need these for the EHCP Annual Review
2. If at a special school: Contact the SEN team to request consent before sending the deregistration letter
3. Deregistration letter: Send to the Headteacher (keep a dated copy)
4. EHCP Annual Review: Continue attending; bring evidence of home education progress
5. EOTAS consideration: If school attendance was already impossible, request EOTAS designation through the Annual Review or SEND Tribunal
6. CNIS registration: When the 2026 Act provisions commence, register with the LA

The Autism Homeschooling Blueprint includes the full UK withdrawal process alongside EOTAS application frameworks, Annual Review evidence templates, and the daily rhythms and documentation system designed specifically for autistic home learners — whether you're funding everything yourself under EHE or receiving EOTAS support.