Education Otherwise Than at School

Legal references on this page apply to England.
  1. Parents choose to educate their child at home. Where the child has a statement of SEN or an EHCP, the statement or Plan will name a type of school but go on to say "parents have made their own arrangements under section 7 of the Education Act 1996."
  2. The authority makes arrangements for a pupil who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them. Section 19 provision includes Pupil Referral Units and home tutors for pupils who are off sick from school. These children may or may not have special educational needs.
  3. (Old SEN Code) The authority arranges special educational provision outside school in the tiny minority of cases where it is considered inappropriate for the provision set out in a statement of SEN to be made in school. The statement of SEN will make reference to section 319 (New SEN Code) "In cases where local authorities and parents agree that home education is the right provision for a child or young person with an EHC plan, the plan should make clear that the child or young person will be educated at home. If it does then the local authority, under Section 42(2) of the Children and Families Act 2014, must arrange the special educational provision set out in the plan, working with the parents"

Section 7 of the Education Act 1996 states that "the parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable-(a)to his age, ability and aptitude, and (b)to any special educational needs he may have,either by regular attendance at school or otherwise"

Section 19 of the Education Act 1996 states that "Each local education authority shall make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them." Significantly, s19 goes on to say that "Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil."

Section 319 of the Education Act 1996 states that "Where a local education authority are satisfied that it would be inappropriate for— (a)the special educational provision which a learning difficulty of a child in their area calls for, or (b)any part of any such provision,to be made in a school, they may arrange for the provision (or, as the case may be, for that part of it) to be made otherwise than in a school."