Home Education and Special Needs England

Transition at 16 New System for 16+ from September 2014

Exams How to arrange extra time, laptop, scribe etc

Funding for Home Education Guidance from DfE

Local Offer Alphabetical by LA

Online support group for parents home educating children with special needs


Special Needs Code of Practice 2001

8:95 Section 7 of the Education Act 1996 recognises parents' right to choose to educate their child at home. Such arrangements are described as 'education otherwise than at school'. In such cases, if the child has a statement of special educational needs, it remains the LEA's duty to ensure that the child's needs are met. The statement must remain in force and the LEA must ensure that parents can make suitable, provision, including provision for the child's special educational needs. If the parent's arrangements are suitable the LEA are relieved of their duty to arrange the provision specified in the statement. If, however, the parents' attempt to educate the child at home results in provision which falls short of meeting the child's needs, then the parents are not making 'suitable arrangements' and the LEA could not conclude that they were absolved of their responsibility to arrange the provision in the statement. Even if the LEA is satisfied, the LEA remains under a duty to maintain the child’s statement and to review it annually, following the procedures set out in Chapter Nine.

8:96 In such situations section 324 (4A) of the Education Act 1996 does not require the name of a school to be specified in part 4 of the statement. Part 4 should state the type of school the LEA consider appropriate but go on to say that: "parents have made their own arrangements under section 7 of the Education Act 1996." The statement can also specify any provision that the LEA have agreed to make under section 319 to help parents provide suitable education for their child at home.
SEN Code Practice 2001


New SEN Code of Practice 2014 Read about the changes in England starting in September 2014


Supporting pupils at school with medical conditions

(mostly "shoulds" and not "musts", proposed statutory guidance to come into force September 2014

Disability Living Allowance

The statement of SEN is completely separate from Disability Living Allowance. DLA is for children who need more help with daily living or with mobility than other children of the same age. Read more here DWP Guide Benefits and Work has useful guides for completing the DLA form and also for appealing DLA decisions. Support organisations for particular conditions or syndromes may also be very helpful. If you would rather talk to someone in person, your local Citizens Advice Bureau may be able to help. Contact-a-Family Guide Carer¿s Allowance can be claimed if you care for over 35 hours a week for someone who gets Disability Living Allowance middle or higher rate for personal care),


Statistics

Just over 20,000 children were listed as being home educated in England in 2012. FOI responses indicate that approximately a thousand home educated children have a statement of SEN. https://www.gov.uk/government/publications/special-educational-needs-in-england-january-2013 The Department for Education records 1435 children with statements where parents have made their own arrangements. The percentage of home educated children who have a statement of SEN varies among local authorities between zero and 20%, averaging at around 5%. For children in school the figure is lower, since only 3% have a statement. 28% of home educated children with a statement are primary age, while 68% are secondary age (age breakdown not always supplied) 14% of home educated children with a statement of SEN have moderate learning difficulties; 6% have physical disabilities; 14% have speech communication and language needs; 32% are on the autistic spectrum; 11% have severe or complex learning difficulties; 20% were previously educated in a special school; 34% began home education during the past year; 42% have been home educated for more than 2 years; 17% have been home educated for more than 5 years; while 18% ceased to be home educated last year and went into school.

https://www.gov.uk/government/publications/quarterly-statistics-for-the-tribunals--2 Tribunal Statistics, 3600 SEN appeals, 30% conceded by LAs. This 2013 survey on tribunals (20 page pdf) is well worth reading.

http://edyourself.org/articles/FOIhomeednumbers.php and http://edyourself.org/articles/2013foissenandlocationehe.php


What Is Meant By SEN and Disability

A child has special educational needs if they have a "learning difficulty" which calls for "special educational provision" to be made for them. A "learning difficulty" is where a child has a significantly greater difficulty in learning than the majority of children of their age; has a disability which prevents or hinders them from making use of educational facilities of a kind generally provided for children of the same age in schools; or is under compulsory school age and falls within the previous definition or would do so if special educational provision were not made for them. The following examples should not be regarded as an exhaustive list: Attention deficit hyperactivity disorder (ADHD), Auditory Processing Disorder (APD), Autistic Spectrum Disorder (ASD), Aspergers, Autism, Cerebral Palsy (CP), Chronic Fatigue Syndrome (CFS), Deficit in Attention Motor Control and Perception (DAMP), Diabetes, Down's Syndrome, Dysautonomia, Dyslexia, Dyspraxia, Ehlers-Danlos Syndrome, Epilepsy, General Anxiety Disorder (GAD), Genetic and Chromosomal Disorders, Global Developmental Delay (GDD), Hypermobility, Myalgic Encephalomyelitis (ME), Obsessive Compulsive Disorder (OCD), Oppositional Defiant Disorder (ODD), Pathological Demand Avoidance (PDA), Pervasive Developmental Disorder (PDD), Profound and Multiple Learning Difficulties (PMLD), Semantic Pragmatic Disorder (SPD), Sensory Integration Disorder (SID), Severe Learning Difficulties (SLD), Social and Communication Disorders, Sensory Processing Disorder (SPD), Tourette's Syndrome, Visual Impairment (VI).

Legal References Home Education and Special Needs

Very useful all-on-one page SEN and disability links from lawyer Steve Broach, June 2014 here

Info on new SEN Code 2014
Info on new SEN law 2014
Final SEN Code of Practice June 2014 for 2014 Children and Families Act
Transitional Arrangements 2014 for 2014 Act
Draft Guidance for LAs June 2014 (transition to the new 0 to 25 SEND system from 1 September 2014) for 2014 Act
SEN and Disability Regulations 2014 for 2014 Act
Part IV Education Act 1996
Consolidated SEN regulations for 1996 Act
SEN Regulations scanned images (at end of SENCoP) for 1996 Act
SEN Regulations as web pages for 1996 Act
Pupil Registration Regulations
Elective Home Education Guidelines
Deregistering a child from school
Lancashire Council SEN EHE Policy 2013
Upper Tribunal SEN Decisions, Ministry of Justice
Edyourself SEN links Edyourself SEN links including David Wolfe Matrix Chambers SEN Case Law
Case law from Ipsea Case law from Ipsea for 1996 Act
SEN Tribunal Forms from Ministry of Justice website
Tandy Case, cannot cut on basis of cost
Bailli Tandy Case
DM and KC vs Essex County Council 2003 Case law which demonstrates that parents do not have to make the provision specified in the SEN statement
Baroness Ashton on parents not having to make provision specified in statement
David Wolfe, Matrix Chambers: SEN Case Law via David Wolfe blog
Dyslexia as SEN for DLA 2013 UKUT 159 AAC via Tribunal Judgements Page

Link Reference

This article is http://ehe-sen.org.uk/index.php. The following links to other websites are contained in the article, displayed as citations to aid you in printing the document.

  1. Home Educating with Statement SEN http://ehe-sen.org.uk/statement.php
  2. Annual Statement Review for Home Educators http://ehe-sen.org.uk/annreview.php
  3. Changes to SEN from September 2014 http://ehe-sen.org.uk/changes.php
  4. New SEN Code from September 2014 http://edyourself.org/articles/newcode.php
  5. Transition at 16 http://edyourself.org/articles/ehcp16.php
  6. Exams http://ehe-sen.org.uk/exams.php
  7. Funding for Home Education http://edyourself.org/articles/funding.php
  8. Local Offer http://edyourself.org/articles/localoffer.php
  9. Tribunal, Appeals and Complaints http://ehe-sen.org.uk/appealscomplaints.php
  10. Online support group http://groups.yahoo.com/group/homeeducationandspecialneeds/
  11. Edyourself Website http://edyourself.org/articles/helaw.php#specialneeds
  12. New SEN Code of Practice 2014 http://edyourself.org/articles/newcode.php
  13. Carer¿s Allowance http://www.dwp.gov.uk/docs/dwp013.pdf
  14. 1435 children with statements http://edyourself.org/articles/FOIhomeednumbers.php
  15. This 2013 survey on tribunals http://www.mertonmencap.org.uk/pdfs/SEND-Tribunal-Survey-Results-August2013.pdf
  16. http://edyourself.org/articles/2013foissenandlocationehe.php http://edyourself.org/articles/FOIhomeednumbers.php
  17. Info on new SEN Code 2014 http://edyourself.org/articles/newcode.php
  18. Info on new SEN law 2014 http://edyourself.org/articles/candfact2014.php
  19. SEN and Disability Regulations 2014 http://www.legislation.gov.uk/uksi/2014/1530/contents/made
  20. Part IV Education Act 1996 http://www.legislation.gov.uk/ukpga/1996/56/part/IV
  21. Consolidated SEN regulations http://edyourself.org/senregs.pdf
  22. SEN Regulations scanned images http://www.education.gov.uk/publications/eOrderingDownload/DfES%200581%20200MIG2228.pdf
  23. SEN Regulations as web pages http://www.legislation.gov.uk/uksi/2001/3455/contents/made
  24. Pupil Registration Regulations http://www.legislation.gov.uk/uksi/2006/1751/contents/made
  25. Elective Home Education Guidelines http://edyourself.org/articles/guidelines.php
  26. Deregistering a child from school http://edyourself.org/articles/deregistration.php
  27. Lancashire Council SEN EHE Policy 2013 http://www3.lancashire.gov.uk/corporate/web/viewdoc.asp?id=100154
  28. Upper Tribunal SEN Decisions, Ministry of Justice http://www.osscsc.gov.uk/Aspx/default.aspx
  29. Edyourself SEN links http://edyourself.org/articles/helaw.php#SENlinks
  30. Case law from Ipsea http://www.ipsea.org.uk/apps/content/html/?fid=50
  31. SEN Tribunal Forms from Ministry of Justice website http://www.justice.gov.uk/forms/hmcts/send
  32. Tandy Case, cannot cut on basis of cost http://www.ipsea.org.uk/Apps/Content/html/?fid=46
  33. Bailli Tandy Case http://www.bailii.org/uk/cases/UKHL/1998/20.html
  34. DM and KC vs Essex County Council 2003 http://edyourself.org/articles/caselaw.pdf
  35. Baroness Ashton http://www.publications.parliament.uk/pa/ld200102/ldhansrd/vo011029/text/11029-21.htm
  36. David Wolfe blog http://davidwolfe.org.uk/SEN%20Noddy%20Guide%20November%202012.pdf
  37. Tribunal Judgements Page http://www.osscsc.gov.uk/judgmentfiles/j3754/CSDLA%20252%202012.doc