Elective Home Education and Section I
Good morning
I have recently received a query from my client department as to what should be included in Section I when a child is being electively home educated. I note from the SEND COP and the EHE guidance that where parents decide to educate at home, the Local Authority should detail the type of school that would be suitable but state that the parents have made their own arrangements under Section 7 of the Education Act 1996. I note also that the EHE guidance refers to detailing the arrangement in a 'suitable place' but it doesn't elaborate further on that.
I note from various case law, that Section I should only detail the type of setting or the name of the school in accordance with the SEND Regs (or be left blank for EOTAS). As such, I was wondering where other LAs are detailing the statement about parents making…
Section 19 of the Children and Families Act 2014 sets out the following at in relation to Part 3 of the Act: Children and young people in England with special educational needs or disabilities
Emphasis added:
In exercising a function under this Part in the case of a child or young person, a local authority in England must have regard to the following matters in particular—(a)the views, wishes and feelings of the child and his or her parent, or the young person;(b)the importance of the child and his or her parent, or the young person, participating as fully as possible in decisions relating to the exercise of the function concerned;(c)the importance of the child and his or her parent, or the young person, being provided with the information and support necessary to enable participation in those decisions;(d)the need to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes.
In our experience, very few professionals (EP, SALT, OT, Health) will carry out any type of assessment without first seeking consent of a parent. Whilst the LA have a duty to under s22 to identify children who may have SEND in the area, this can co-exist with the section 19 duty to have regard to the wishes and feelings of parents, and the importance place on their full participation in decision making.
Where an assessment is being carried out by a professional that is not a member of teaching staff, acting in their normal/usual function within the school environment, it would be prudent to seek permission of the parents involved, even if the purpose of the assessment is simply to inform the school's ability to meet special educational needs.
Approved by Satnam Virdi
Principal of SV Law
Convenor of LASEN