Elective Home Education (EHE) Policy

Contents

1. Purpose

This policy sets out how Devon County Council fulfils its statutory duties in relation to Elective Home Education (EHE), including its responsibilities to ensure that children of compulsory school age receive a suitable education and are safeguarded.

It provides a clear and consistent framework for:

  • engagement with families who elect to home educate
  • assessing whether education provided at home is suitable
  • responding where there are concerns about education or safeguarding
  • supporting children and young people to access appropriate education where needed

Devon County Council recognises that parents have a legal right to educate their child at home. The role of the Local Authority is to ensure that all children receive a suitable education and are safe.

This policy supports a proportionate, relational and safeguarding-led approach, setting out how the Local Authority, schools and partners will work together to ensure that children educated at home are supported and protected.

2. Devon’s Approach to Elective Home Education (EHE)

Elective Home Education sits within Devon’s wider inclusive education system, where the ambition is for all children and young people to access suitable education that meets their needs and enables positive outcomes.

Devon recognises that families choose EHE for a range of reasons. However, the Local Authority will work to ensure that EHE is a positive and informed choice, and not the result of:

  • unmet needs within school, including SEND
  • unresolved concerns about school attendance or behaviour
  • breakdown in relationships between families and schools
  • pressure or informal exclusion

This means:

  • Devon County Council will work in partnership with families, building constructive and respectful relationships
  • Engagement will be proportionate and based on need and risk, taking account of the information available
  • Schools and services are expected to prioritise inclusive practice and early intervention to reduce the need for EHE
  • Devon County Council will take timely and appropriate action where there are concerns about suitability of education or safeguarding
  • Children and young people’s views, wishes and experiences will be considered where possible

When Elective Home Education may not be appropriate

While parents have a legal right to educate their child at home, there are circumstances where EHE may not be an appropriate or sustainable option.

This may include where:

  • there are significant safeguarding concerns or vulnerabilities
  • a child’s needs, including SEND, cannot reasonably be met through home education
  • the child is open to Children’s Social Care and risks cannot be appropriately mitigated

Elective Home Education should not be used:

  • as a response to unmet needs where those needs could be supported within school
  • as a result of pressure from a school or service
  • where there are significant safeguarding concerns that cannot be managed safely

This approach ensures that EHE is considered within a framework that:

  • promotes inclusion
  • supports families
  • safeguards children
  • ensures that education is suitable and appropriate

2.1 Our approach in practice

In delivering the expectations set out in this policy, all partners will apply Devon’s Four Cornerstones.

These principles describe how services, schools and professionals should work with children, young people and families in practice.

  • Welcome and care – Ensuring children and families feel safe, supported, and able to engage, particularly at times of change, challenge, or vulnerability.
  • Value and include – Recognising individual needs, promoting belonging, and removing barriers so all children can access and benefit from education.
  • Communication – Sharing information clearly, consistently, and transparently, and ensuring that children and families are listened to and understood.
  • Work in partnership – Working collaboratively across schools, services, families, and partners to take shared responsibility for outcomes and ensure coordinated support.

These principles underpin how statutory duties and expectations are delivered, ensuring that practice is inclusive, relational, and focused on achieving the best possible outcomes for children and young people.

3. Scope

This policy applies to:

  • Children and young people of compulsory school age (5-16) who are electively home educated and reside in Devon
  • Children and young people whose parents are considering Elective Home Education
  • Children and young people with SEND, including those with an Education, Health and Care Plan (EHCP), where Elective Home Education is in place or being considered

This policy applies to the actions of:

  • Devon County Council
  • schools and educational settings within Devon
  • partner agencies working with children and families

All services and partners are expected to work in line with this policy to ensure a consistent, proportionate and safeguarding‑led approach to Elective Home Education across Devon.

This policy is underpinned by the following legislation and statutory guidance:

  • Education Act 1996 (Section 7) – duty on parents to ensure that their child receives suitable full-time education
  • Education Act 1996 (Section 437) – powers of the Local Authority to act where it appears that a child is not receiving suitable education
  • Education Act 2002 (Section 175) – duties relating to safeguarding and the welfare of children
  • Children Act 1989 and 2004 – duties to safeguard and promote the welfare of children
  • Elective Home Education: Guidance for Local Authorities – statutory guidance on Local Authority responsibilities in relation to EHE
  • Keeping Children Safe in Education (KCSIE) – safeguarding responsibilities for all children

Devon County Council fulfils its duties through a proportionate, risk-based approach to Elective Home Education, ensuring that children are receiving suitable education and are safe.

Recent changes to legislation may introduce additional duties and powers relating to EHE. Devon County Council will ensure that its policy and practice are updated in line with these requirements as they come into force.

5. Key definitions

The following definitions are provided to ensure clarity and consistency in the application of this policy.

  • Elective Home Education (EHE): A parental decision to provide education for a child otherwise than at school.
  • Suitable education: Education that is appropriate to the child’s age, ability, aptitude and any special educational needs, and which prepares the child for life in modern society.
  • Efficient education: Education that achieves what it sets out to achieve.

6. Roles and responsibilities

The following responsibilities set out clear expectations for parents, Devon County Council, schools and partner agencies in relation to EHE.

Parents have the legal duty to ensure that their child receives a suitable, efficient fulltime education, in line with Section 7 of the Education Act 1996.

Parents:

  • are responsible for making all arrangements for their child’s education, including any associated costs
  • must notify the school in writing if they wish to remove their child from roll in order to electively home educate
  • are responsible for ensuring that any provision they arrange is appropriate and safe
  • are encouraged to provide information to Devon County Council that demonstrates that suitable education is being provided

Devon County Council will:

  • maintain a register of children known to be EHE
  • consider information available to determine whether children appear to be receiving a suitable education
  • make enquiries where it appears that a child may not be receiving suitable education
  • take a proportionate, risk-based approach to engagement with families
  • coordinate and share relevant information across Social Care, SEND, Health and the Virtual School, and assess risk
  • support children and young people to return to school where this is in their best interests
  • use statutory powers, including School Attendance Orders, where it appears that suitable education is not being provided

Schools and educational settings must:

  • not place pressure on parents to electively home educate
  • remove a child from roll only upon receipt of written notification from parents (except where Local Authority consent is required)
  • notify Devon County Council promptly when a child is removed from roll for EHE, sharing relevant information
  • share safeguarding information without delay and ensure concerns are raised in line with safeguarding procedures
  • offer discussions with parents to explore alternatives where appropriate
  • Where safeguarding concerns exist, either:
    • submit a Front Door referral or
    • contact the Front Door consultation line/helpline for advice, ensuring concerns are appropriately considered and escalated in line with threshold guidance.
  • convene urgent Education, Health and Care Plan reviews prior to deregistration of any child or young person with an EHCP.

Partner agencies should:

  • share relevant information to support assessment of suitability and safeguarding
  • contribute to multi-agency planning where children and young people have additional needs
  • support early identification of risk and take action in line with safeguarding procedures

7. Engagement and assessment process

Devon County Council will take a respectful, relational, proportionate and risk-based approach to engaging with families who elect to home educate. The purpose of engagement is to establish whether a child is receiving a suitable education, while offering appropriate support and allowing families a reasonable opportunity to demonstrate provision. The level and frequency of engagement will vary depending on the information available and any identified concerns.

7.1 Initial engagement (Notification)

When Devon County Council becomes aware that a child is EHE, it will:

  • consider available information to identify any risks or vulnerabilities
  • invite parents to provide information about the education being provided
  • seek to establish a constructive and supportive relationship with the family

7.2 Ongoing engagement and assessment

Where there are no immediate concerns:

  • Devon County Council will seek to maintain, at least annual, contact with families
  • parents are encouraged to provide information that demonstrates that suitable education is being provided

Where concerns are identified or where information is limited:

  • Devon County Council may seek further information or arrange a discussion with the family, typically within six weeks of deregistration, or sooner where risks are identified
  • engagement may include meetings, requests for written information, or other evidence of learning
  • the Local Authority will consider all available information in reaching a professional judgement

7.3 Where suitability is in question

Where it appears that a child may not be receiving a suitable education:

  • Devon County Council will provide advice and allow a reasonable opportunity for parents to demonstrate or improve provision
  • follow-up engagement will take place to review progress

Where concerns remain unresolved, Devon County Council will:

  • take action in line with its statutory duties
  • consider the use of formal processes, including School Attendance Orders, where appropriate

7.4 Assessment of suitability

Assessment of whether education is suitable will be based on:

  • the information provided by parents
  • any other relevant information available
  • professional judgement, based on the balance of probabilities

7.5 Returning to school

Devon County Council will support children and young people to return to a school setting where this is in their best interests and where suitable provision can be identified.

Parents are responsible for applying for a school place through the appropriate admissions process.

Devon County Council will work with families, schools and relevant professionals to support a planned and appropriate transition, taking account of the child’s needs and circumstances.

This may include:

  • identifying suitable school placements through the In-Year Admissions process
  • planning for reintegration, including any additional support required
  • ensuring that, for children with an EHCP, a statutory review identifies appropriate provision before a placement is agreed

7.6 School Attendance Orders

Devon County Council has a duty under Section 437 of the Education Act 1996 to act where it appears that a child of compulsory school age is not receiving a suitable education.

Where concerns about the suitability of education cannot be resolved through engagement with the family, Devon County Council may use its statutory powers, including the issue of a School Attendance Order (SAO).

Before taking formal action, Devon County Council will normally seek to resolve concerns through:

  • discussion with the family
  • providing advice and guidance
  • allowing a reasonable opportunity for suitable education to be demonstrated or secured

Where this is not successful, Devon County Council may initiate the formal statutory process, which may include:

  • issuing a notice requiring the parent to satisfy the Local Authority that suitable education is being provided
  • identifying a school place where appropriate
  • issuing a School Attendance Order naming a school

Failure to comply with a School Attendance Order may result in further legal action. The use of School Attendance Orders is a last resort, and the Local Authority will continue to seek to work with families to secure suitable education wherever possible.

8. Expectations of suitable, efficient and full-time education

Parents who elect to home educate are responsible for ensuring that their child receives a suitable, efficient and full-time education, in line with Section 7 of the Education Act 1996.

There is no prescribed curriculum for home education. The Local Authority recognises that home education may take a range of forms and does not require parents to follow a specific curriculum, provided that the education is suitable to the child’s age, ability, aptitude and any special educational needs.

8.1 Suitable and efficient education

Education will be considered suitable where it:

  • provides opportunities for learning appropriate to the child’s age, ability and aptitude
  • takes account of any special educational needs
  • supports the child’s development and preparation for life in modern society

Education will be considered efficient where it achieves what it sets out to do.

8.2 Full-time education

There is no legal definition of ‘full-time’ education in the context of Elective Home Education. In considering whether education is full-time, the Local Authority will take account of the overall level of engagement in learning, recognising that learning may take place in a variety of ways, including:

  • structured learning
  • independent study
  • practical activities, visits and experiences

The Local Authority will consider whether the education provided is sufficient in breadth, depth and regularity to meet the child’s needs.

8.3 Indicators of suitable provision in Devon

When considering whether education is suitable, Devon County Council would typically expect to see:

  • regular and ongoing engagement in learning
  • development of literacy and numeracy, appropriate to the child’s age and ability
  • access to a broad range of learning experiences, tailored to the child’s interests and needs
  • opportunities for the child to make progress over time
  • evidence that learning is planned, supported or facilitated, even where informal approaches are used

These indicators are not prescriptive requirements. They are intended to support a consistent and proportionate approach to assessing suitability, recognising the diversity of home education.

8.4 Evidence of provision

Devon County Council may consider a range of information when assessing suitability, including:

  • examples of work or learning activities
  • descriptions of approaches to learning
  • evidence of progress over time
  • discussion with parents and, where appropriate, the child or young person

Devon County Council does not expect a specific format and will consider all information provided in context.

8.5 Examinations, tutors and funding

Parents who elect to home educate are responsible for making decisions about how their child’s education is delivered, including whether they enter their child for formal qualifications.

This includes:

  • arranging and funding any examinations
  • identifying suitable examination centres
  • deciding on the use of tutors or external support

Devon County Council does not provide funding for EHE, including:

  • curriculum resources
  • tuition
  • examination fees

Where parents choose to use tutors or external providers, they are responsible for ensuring that appropriate safeguarding checks are in place.

Devon County Council will not require children to undertake formal qualifications but may consider how learning is being recognised or progressed over time when assessing suitability.

9. Children with SEND and Education Health and Care Plans

Parents may electively home educate a child with SEND, including those with an Education, Health and Care Plan (EHCP).

Where a child has an EHCP, Devon County Council retains a duty to ensure that the special educational provision specified in the plan is made available to the child.

Where a child is electively home educated:

  • Devon County Council will consider whether the education being provided at home is suitable to meet the child’s needs
  • the provision delivered at home may differ from that provided in a school setting, but must remain appropriate to the child’s age, ability, aptitude and special educational needs

Where Devon County Council is satisfied that suitable education is being provided:

  • it will not arrange the provision set out in the EHCP while the child is being electively home educated

Where it appears that the education is not suitable:

  • Devon County Council will take action to ensure that the provision specified in the EHCP is made available as well as taking steps in relation to school attendance
  • this may include reviewing the EHCP and considering steps to secure appropriate education

9.1 Children attending special schools

If a child is on roll at a special school, the consent of the Local Authority is required before the child can be removed from the school roll for Elective Home Education.

10. Safeguarding

Safeguarding duties apply to all children, including those who are electively home educated. The absence of school-based education does not reduce the responsibility of parents, schools or the Local Authority to safeguard children.

Elective Home Education may present additional risks where children are not seen regularly by professionals. Any concerns about a child’s safety or welfare must be treated as a safeguarding priority.

10.1 Safeguarding responsibilities

Devon County Council will:

  • consider safeguarding information when a child is removed from a school roll
  • gather and share relevant information with other services, including Children’s Social Care, SEND and Health
  • take proportionate action where safeguarding concerns or risks are identified

Schools must:

  • share safeguarding information with the Local Authority without delay when a child is deregistered
  • ensure that any concerns are referred in line with safeguarding procedures
  • take reasonable steps to capture and share the views of the child where possible

10.2 Responding to concerns

Where safeguarding concerns are identified:

  • immediate action must be taken in line with safeguarding procedures – If a professional has a concern about the risk of harm to a child, an immediate referral should be made to the Front Door as per Devon’s safeguarding and child protection procedures

The Front Door, P.O Box 723, Exeter, EX1 9QS.
0345 155 1071
mashsecure@devon.gov.uk

  • concerns must be escalated without delay
  • multi-agency working will be initiated where required

Where appropriate, the Local Authority may:

  • arrange a home visit
  • seek to see or speak with the child
  • convene multi-agency meetings

Elective Home Education must not prevent or delay appropriate safeguarding action. Children who are electively home educated remain subject to safeguarding consideration at all times.

This policy should be read alongside the following policies and guidance, which support a consistent, inclusive and safeguarding-led approach to Devon:

These documents set out additional responsibilities and processes which must be considered alongside this policy.

12. Governance, reporting and review

Devon County Council will maintain oversight of Elective Home Education to ensure that practice is consistent, risks are identified and appropriate action is taken to support children and young people.

This will include:

  • maintaining a register of children who are EHE
  • monitoring movement into and out of EHE
  • analysing data to identify patterns, trends and areas for improvement
  • ensuring that safeguarding and suitability concerns are identified and responded to

Devon County Council will monitor and report information through appropriate governance arrangements to support system oversight, safeguarding and continuous improvement.

Where concerns are identified, appropriate action will be taken, including:

  • engagement with families
  • coordination with partner agencies
  • escalation through safeguarding processes
  • use of statutory powers where required

This policy will be:

  • reviewed annually to assess its implementation and impact
  • formally reviewed every three years, or earlier where required in response to changes in legislation, statutory guidance or identified areas of risk or improvement.

July 2026

Published

Last Updated

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