Anyone who has had to deal with local government understands the challenges with this bureaucracy. Parents of a child with an Education, Health and Care Plan (EHCP) have to deal with this confusing part of the education system regularly. When a school placement is failing, educating your child at home can be a viable solution.
However, before you make that decision, there is a critical distinction you must understand: the difference between Elective Home Education (EHE) and Education Otherwise Than At School (EOTAS).
These are not interchangeable. Understanding the difference is important, as it has important consequences for the support your child is legally entitled to and the financial and legal responsibility you will carry.
What is Elective Home Education (EHE)?
Elective Home Education is exactly what you might expect: a choice made by a parent or guardian to take on the responsibility for their child's education. This was established in the Education Act 1996, which states that parents must ensure their child receives a suitable education, "either by regular attendance at school or otherwise".
When you choose EHE:
- You, the parent, assume the full legal and financial responsibility for providing "suitable" education for your child.
- There is no direct government funding for EHE. You must pay for all resources, materials, activities, and exam fees.
- The moment you deregister your child from school to start EHE, your Local Authority's legal duty to secure the special educational provision of your child's EHCP ceases.
What is Education Otherwise Than At School (EOTAS)?
Education Otherwise Than At School (EOTAS) is a separate legal arrangement.
EOTAS is an agreement by the Local Authority that a school setting is inappropriate for the child's needs. In this situation, the LA states that it cannot provide an appropriate school placement and as a result must make other arrangements.
When an EOTAS package is agreed:
- The Local Authority is legally and financially responsible for arranging and funding a package of education for your child.
- This package can include funding for specialist tutors, coaches, therapies, and other resources necessary to meet your child's needs as outlined in their EHCP.
Many parents currently struggling to home educate their child may have a strong case for an EOTAS package, but might be unaware that this route is available.
Why This Distinction is Crucial
The exodus of children with SEN from mainstream schools is seen as a symptom of a systemic crisis. Many families feel pushed into home education because of a lack of support, relentless bullying, or their child's mental health at school.
Legal advice charities report that many parents are not fully informed of the consequences at the point of deregistration. This is why understanding the EOTAS route is so important. In short, your LA should provide a good education for your child. If the EHCP does not ensure appropriate quality of education, EOTAS might.
Understanding the difference between EHE and EOTAS is the most critical step in ensuring your child receives the suitable education they are entitled to.
