Can you do Elective Home Education and lodge an send tribunal for EHCP?
Hi my child (mentioned before on here) is ASD with PDA. He is out of school following breakdown of place, unmet needs and autistic burnout. We have had an annual review and some helpful changes to section F but also large omissions that do not recognise his SEMH needs, levels of anxiety and requirement for therapeutic educational environment. Despite clear EP recommendations in the report that current mainstream setting is not appropriate, current setting has been listed in Section I - I don't even believe any school was consulted in the review process regarding Section I and the LA have just left it as the existing school (so it appears). We are going through the process of mediation and lodging an appeal for Sec B,C, F and I. At the same time, existing setting has arranged Alternative Provision in the form of a tutor. This is not working out well and is to the detriment of his wellbeing so it has been cancelled. The first visit from the tutor prompted him to elope outside, run through the gate and onto the high street in his bare feet and was extremely heightened. He has not been like this for 6 months so we are seriously contemplating elective home education as we do not want to continue to expose him to an education system that has done nothing but bring him trauma. Is it permissive to do home elective education whilst at the same time lodging an appeal at the send tribunal? Do you think the 'optics' may erode our chances of getting a place? or would this factor deem to be irrelevant in terms of the law?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 18 Sep 2026
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Yes
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Simple
Ms Walmsley, the short answer is yes. Electively home educating your son does not, by itself, prevent you from bringing or continuing a SEND Tribunal appeal about his EHCP.
This is general information only and not legal advice. Whether you decide to electively home educate is ultimately a decision for you, particularly because it can have important practical consequences.
Having an EHCP does not, by itself, prevent a parent from choosing elective home education. A parent is not generally required to send a child to the school named in the EHCP, and Section I can be challenged on appeal.
If, as appears from what you have said, your son remains registered at a mainstream school, the fact that he has an EHCP and that school is named in Section I does not, under the current rules, mean that you need the local authority’s permission simply because of the EHCP.
The Department for Education’s Elective home education: guidance for parents confirms that the usual rules apply to children with an EHC plan attending mainstream schools. The position is different where a child attends a special school under arrangements made by the local authority: in those circumstances, the local authority’s consent is required before the child’s name can be removed from the school’s admission register.
DfE guidance:
https://www.gov.uk/government/publications/elective-home-educationSee Elective home education: guidance for parents, page 13, paragraph 4.3.
There has also been recent legislation in this area. The Children’s Wellbeing and Schools Act 2026 introduces a new children-not-in-school regime, including local authority registers and, in some circumstances, a requirement for LA consent before withdrawal for home education. Those provisions apply to certain children attending special schools, children who are subject to a section 47 child-protection enquiry, and children who are, or have recently been, subject to a child protection plan. The Act also allows mandatory pre-withdrawal meetings to be piloted in some areas. The provisions are being brought into force through commencement arrangements, so the position should be checked again at the point any formal withdrawal is proposed.
It is also worth bearing in mind that Elective Home Education and Education Otherwise Than At School (EOTAS, sometimes referred to as EOTIS) are legally different. With EHE, the parent takes responsibility for providing suitable education and, where suitable alternative arrangements have been made, the LA’s duty to secure the Section F provision does not apply. The EHCP itself may, however, remain in place and continue to be reviewed. EOTAS is different because the LA remains responsible for arranging the special educational provision outside school.
As to the “optics”, I would not regard choosing EHE as automatically weakening your Tribunal appeal, nor would it prevent the Tribunal from naming another school.
If your appeal is seeking a different school rather than EOTAS, choosing EHE in the meantime does not prevent you from maintaining that case. It would, however, be sensible to make clear that EHE is an interim response to your son’s present circumstances and wellbeing, and is not intended to suggest that you no longer seek an appropriate school placement.
The Tribunal will determine Section I on the evidence before it. If the EP evidence is that the current mainstream placement is inappropriate, that is plainly relevant to the Section I appeal. The fact that the LA has simply retained the existing school in Section I does not, by itself, resolve the issue.
The matters you describe — your son’s anxiety, autistic burnout and his reaction to the tutor — may also be important evidence. I would keep a clear record of the tutoring incident and retain any professional evidence dealing with his anxiety, burnout, school attendance and the type of therapeutic educational environment he requires.
If you are also asking the Tribunal to make recommendations about the health needs recorded in Section C, you may wish to consider corresponding recommendations about Section G, which deals with health provision. Some therapy or other provision which appears “health-related”, however, may legally amount to special educational provision and should therefore be included in Section F instead.
So, in summary, EHE and a SEND Tribunal appeal can coexist. On the facts you have given, the naming of a mainstream school in Section I does not, by itself, mean that you need the LA’s permission to electively home educate. Choosing EHE also does not prevent you from continuing to argue that a different school should be named, although it is sensible to make your position clear in writing.
Ultimately, whether to electively home educate is a decision for you, having regard to your son’s circumstances and wellbeing.
I look forward to reading any other contributions.
Sean Kennedy
18 Sep 2026
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1 Comment