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What happens if you don't want to home educate any more?

17 replies

notmycircusbutitaffectsmymonkeys · 30/12/2023 12:08

Someone I know has a SN child who is autistic/PDA but does not have an EHCP as has been privately assessed.
Child was struggling with attendance due to extreme anxiety/distress.
This came to a head and the parent decided (I think possibly without looking into all the possible consequences) to electively home educate.
What happens if they change their mind/the EHE isn't working?
Does the LA have to provide a school place if you have opted out? (even if it's not at the same school as before?)

OP posts:
LangMayYerLumReek2024 · 30/12/2023 12:09

Yes they have to provide education.

The parents need to re register and apply for a school place.

notmycircusbutitaffectsmymonkeys · 30/12/2023 12:22

Thank you. I thought this was the case.

OP posts:
LegalFarmer · 30/12/2023 12:34

I home schooled ds for a while.

A school place can be applied for at any time as an in year transfer. Most counties have availability for each year group at each school on their school admission site.

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Elleherd · 30/12/2023 13:20

As pps above have said. However sounds like the parent reacted to being unable to manage a developing school attendance situation and parent jumped into EHE to avoid court action, pressure etc, which is likely to rear it's head again unless the child's PDA profile has changed significantly.

Removing pressure may have changed the immediate situation, but I'd be concerned for both parent and child's future if parent's just hoping that it's all just going to somehow be better now EHE hasn't worked out.

If they find themselves in the same situation again, there may (also may not) be opposition to resolving it by EHE again, and parent may find themselves in very stressful situation choosing between child's needs and their legal situation.

Might be helpful to know: An EHE child's parent can request the LA to carry out statutory assessment or reassessment of SEN's and LA must consider it within same statutory timescales and in the same way as any school placed child. A good EHC could make a big difference to successful school reintegration.

(Also less likely but worth knowing: when a child believed to have SEN (with or without EHC) needs HE because they can't manage school attendance, (as opposed to Elective HE) but parents can't provide education, if the LA agrees child can't manage to be educated via school; LA can choose to organize SEN provision elsewhere, including in the child's home via tutors. It's allowed for under section 61 of the 2014 Children and Families Act, but there should be a clearly written up EHC detailing it.)

unlimiteddilutingjuice · 30/12/2023 13:35

Yes, she can send her kid back to school anytime. The LA retain a duty towards her child.

I'm currently going through the process of getting my HE kid back into school.
The EHE officer at the council was very helpful in getting the ball rolling with the Area Inclusion Group who were able to slot him into specialist provision.

A lot of people worry that their child will be permanently cut off from SEN support if they choose to HE but it's not necessarily the case.

I would advise your friend to enjoy HE but get her ducks in a row with an EHCP as well. That way, if she does choose to send her child to school in future, they'll be able to acces the appropriate support.

KeepGoingThomas · 30/12/2023 14:03

The parent should request an EHCNA. On their website, IPSEA has a model letter that can be used.

In the meantime, if the parents can’t or don’t want to continue EHE they should inform the LA they are no longer EHE. Then, assuming their DC is compulsory school age, under s19 of the Education Act 1996 if DC can’t attend school the LA has a statutory duty to ensure the child receives a suitable, full-time education. IPSEA also has a model letter for this. This is completely separate to the EHCP process and s61 CAFA 2014.

notmycircusbutitaffectsmymonkeys · 30/12/2023 14:05

This is really helpful thank you
I am not particularly close to the parent in question who understandably, doesn't like being quizzed about what has happened/the history. I certainly want to support the child where I can, but it's hard, not least as we don't see the family often.

(can you tell that this an Xmas get together inspired post!?)

OP posts:
Elleherd · 30/12/2023 15:27

Generally, being supportive to a beleaguered parent is a way of supporting the child, especially if you aren't around enough to be more actively useful.

You probably already know, but if the parent hasn't mentioned reintegration to school, then you mentioning it is likely to ensure further distance.

The parent has probably looked into the consequences to their child and them off being dragged through the courts over attendance issues caused by their child's unmet SEN's and seen that jumping is better than being pushed or criminalized for standing their ground. It's quite often quietly encouraged by schools as the 'easier' way out for all, and is known as 'off rolling.'

Doing some research into how having an EHCP is useful for a EHE child with SEN's and the parent, especially as child gets to teens and beyond, might be more useful knowledge that you can reasonably pass on as a distanced relative.

forcedfun · 30/12/2023 15:30

Kings interhigh or another online school could be a good halfway house /transition?

I used it for a bit for my son and was very impressed (he is admittedly bright and motivated to learn)

notmycircusbutitaffectsmymonkeys · 30/12/2023 17:44

@Elleherd I haven't mentioned any of this to the parent. I am very conscious of it not being my place to do so. I was just interested how reversible the situation is and I am very grateful to you for your insight and advice, which I will pass on (poss through an intermediary rather than approach the parent) Child in question is 9/y4 and has only been out of a school environment for a term and a half, but anecdotally I am not sure how much learning is happening.

OP posts:
AmazingDayz · 30/12/2023 17:46

Will be much more simple without a ehcp. I was forced into HE my daughter and now want her back in school but can’t because she had a ehcp and the LA are now ignoring me.

KeepGoingThomas · 30/12/2023 17:57

AmazingDayz · 30/12/2023 17:46

Will be much more simple without a ehcp. I was forced into HE my daughter and now want her back in school but can’t because she had a ehcp and the LA are now ignoring me.

Having an EHCP doesn’t prevent you stopping EHE if you don’t want to continue.

Email the Director of Children’s Services informing them you are no longer EHEing and they need to make arrangements to ensure DD receives a suitable full-time education under s19 of the Education Act 1996 and anything detailed, specified and quantified in F under s42 CAFA 2014. If that doesn’t work email again threatening judicial review. Then, if you are still ignored contact SOSSEN for he,p with a pre-action letter.

You also need to request an early review of the EHCP.

AmazingDayz · 30/12/2023 17:58

Her annual review was due in July. They’ve been ignoring me since may

KeepGoingThomas · 30/12/2023 17:58

notmycircusbutitaffectsmymonkeys · 30/12/2023 17:44

@Elleherd I haven't mentioned any of this to the parent. I am very conscious of it not being my place to do so. I was just interested how reversible the situation is and I am very grateful to you for your insight and advice, which I will pass on (poss through an intermediary rather than approach the parent) Child in question is 9/y4 and has only been out of a school environment for a term and a half, but anecdotally I am not sure how much learning is happening.

@notmycircusbutitaffectsmymonkeys learning takes many forms. Even if the child isn’t doing what others others consider to be traditional educational activities/tasks doesn’t mean the child isn’t learning.

KeepGoingThomas · 30/12/2023 17:58

@AmazingDayz so threaten judicial review and if that doesn’t work contact SOSSEN for help with a pre-action letter.

SaltburnIsNotAboutTheBeach · 30/12/2023 18:05

It’s not very clear from your posts whether the parent has an issue with HE or you do?
Unschooling for PDA is possibly the best way for these children to be educated. Formal education of any sort can be inaccessible, or can cause issues at home that make life impossible, or even more impossible.

Does she have other support?

She should work towards an EHCP though, which can be helpful if she decides the child is to go back into school. It might not make it easy for the child to return, but should ensure that his needs are understood and met, which with PDA is more important than just getting back into school. I would suggest she rings SOS!SEN and/or IPSEA for advice.

Cynderella · 30/12/2023 18:05

I teach online - most of the kids who come to us have been out of school for a while, and quite a few tried HE and then found that didn't work either. We only get funding from the LA if there is an EHCP - sometimes parents fund for a term, we help them get the EHCP, and they then get LA funding. So, whatever the preferences, an EHCP is worth having.

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