What if your child has SEND?
Section 7 of the Education Act 1996 does apply to parents of children with special educational needs.
Any child with an EHCP will have been assessed and a decision will have been taken about the most appropriate school for the child, based on their individual needs. An EHCP is a legal document. Where a parent decides that they would like to elect to educate their child otherwise (in other words not by regular attendance at the school named on the EHCP), they must deregister their child from the school by writing to the headteacher and notifying him or her of the decision that has been taken to home educate. You will need to ensure, as part of your home education, that your child’s special educational needs are met.
Please note that, where a child is a pupil at a special school, a parent is unable to deregister their child from the school to electively home educate, without the prior consent of the local authority.
Where a child has an EHCP, the local authority will continue to fulfil its duties in respect of annual reviews and will hold an annual review for as long as the EHCP remains in place. It is important for parents to understand the need for them to engage with this annual review process as failure to do so may result in their child being reported as a child missing from education.
Contact the Essex SEND Information Advice and Support (IAS) Service for information and advice.
Essex Local Offer provides services and support for children with special needs and disabilities.