Q:
Can flexischooling (such as two days a week home learning) be an EHCP provision and what evidence (apart form professional reports) counts as reasonable evidence for it?
If a child spends considerable amount of time out of class, is this child eligible to receive the support needed (from parents) and use this time to study at home?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 22 Dec 2024
-
Yes
Simple
Yes,
Being educated in school and other than at school is certainly possible for a child with an EHCp, albeit “flexischooling” isn’t accepted terminology.
The relevant issues are addressed in the Noddy Guide.
Noddy No-Nonsense Guide to SEN law 2024
Considering the situation in relation to mainstream education:
09.31 Can parents insist on only part time mainstream school?
In the case cited (which pertained to the previous statutory framework), the judge stated that there is a minimum amount of time a child must attend a mainstream school for their education to still be classified as mainstream. However, the judge did not specify what this minimum is, noting:
“There may well be a de minimis requirement for what is to count as attendance at a school, but the parents’ proposal here was for about 30% attendance, and that was well above any de minimis threshold.”
It is also possible for a child with an EHCP (Education, Health and Care Plan) to attend a special school while also being educated at home.
These considerations should be assessed under the EOTAS (Education Otherwise Than at School) framework, which is comprehensively covered in the Noddy Guide. I recommend consulting Chapter 9 of the guide, in particular:
09.330 Can the LA provide SEP outside of a school or educational institution?
09.332 Can only some SEP in Section F be made otherwise than in a school or educational institution?
Any evidence would need to establish why it would be inappropriate for certain special educational provisions to be delivered within a school or educational institution, necessitating them to be provided otherwise – typically at home. Please see the following sections for further clarification:
In general terms, and applying the above, a child being sent out of class might initially seem relevant. However, it is important to establish the reason for this and determine whether it is a broader issue that could occur in any placement or is specific to their current placement.
I trust this information is helpful.
Best regards,
Sean Kennedy
Sean Kennedy
Talem Law
|
Comment