Home Tuition and Education Out of School

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Listening to families.
Understanding the law.
Supporting children.

When a child is unable to attend school, we know it can be incredibly worrying for parents. Whether they are struggling with anxiety, have special educational needs, have been excluded or are experiencing difficulties with their school placement, they should not simply be left without access to suitable education.

In many circumstances, the local authority has legal duties to make sure children who are unable to attend school receive appropriate education.

We support families where a child is missing education and help parents understand who is responsible for providing education as well discussing what support should be available and what steps can be taken if suitable provision is not being made.

When might home tuition be appropriate?

There are many reasons why a child may be unable to attend their usual school.

This can include:

  • Anxiety or emotional difficulties preventing school attendance
  • Special educational needs or disabilities
  • A school placement that is no longer suitable
  • Exclusion from school
  • Illness or other medical circumstances
  • Difficulties arising while an EHCP or other support is being put in place

The appropriate educational provision will depend on your child’s individual circumstances. Home tuition may be appropriate in some cases, while alternative provision or another educational placement may be more suitable in others.

What happens if my child cannot attend school?

If your child is of compulsory school age and cannot attend school, it is important to understand why they are not receiving education and who has responsibility for making appropriate provision.

For example, different arrangements can apply where a child has been excluded from school compared with a child who remains on the school roll but is unable to attend because of their individual circumstances.

The local authority may have duties to arrange suitable education where a child is unable to attend school and is not receiving suitable education elsewhere.

Where a child has SEN, their additional needs should also be taken into account when deciding what provision is appropriate.

What if my child is struggling to attend school?

School attendance difficulties can have many different causes, and it is important that the underlying reasons are properly understood.

Where a child’s SEN, disability, anxiety or other difficulties are affecting their ability to attend, simply expecting them to return to school may not address the problem.

The right support could include additional SEN provision, adjustments within school, alternative provision, home tuition or consideration of whether a different educational placement is required.

If your child is regularly missing school, or has stopped attending altogether, we can help you understand what support should be considered and who has responsibility for providing it.

Can I get home tuition through an EHCP?

An EHCP does not automatically entitle a child to receive their education at home. In England, where a child has an EHCP, it may be possible for special educational provision to be delivered outside a school or college through Education Otherwise Than In School (EOTIS)  sometimes referred to as Education Otherwise Than At School (EOTAS),.

The legal test is important. Under section 61 of the Children and Families Act 2014, a local authority can arrange special educational provision otherwise than in a school or post 16 institution where it is satisfied that it would be inappropriate for that provision to be made in a school or college.

When might EOTAS / EOTIS be appropriate?

The issue is not simply whether a child would prefer to be educated at home, or that finding a suitable school is proving to be difficult or even impossible.

There needs to be a reason why the particular special educational provision cannot appropriately be delivered in a school or college. This might relate to:

  • The nature of the child’s special educational needs
  • The particular requirements of the provision required to meet those needs
  • The child’s ability to access that provision within a school setting
  • The impact of the school environment on the child’s ability to receive their education
  • Circumstances where the required provision cannot reasonably or appropriately be delivered in a school

The focus is therefore on why the provision is inappropriate to deliver in a school.

Where the legal test is met, an EHCP can provide for special educational provision to be delivered otherwise than at school. This may include education or tuition delivered at home, although EOTAS can involve a wider package of provision and is not necessarily limited to home tuition.

Can I ask for EOTAS / EOTIS to be included in an EHCP?

Yes. Parents and young people can ask the local authority to consider whether education otherwise than at school is appropriate.

However, an EHCP cannot simply be used to secure home tuition because a child is struggling to attend their school. There must be evidence that it would be inappropriate for the relevant special educational provision to be made in a school or college.

Where the local authority refuses to consider EOTAS or EOTIS, or concludes that the provision can appropriately be delivered in a school when the evidence indicates otherwise, specialist advice may be appropriate.

Our education solicitors can advise on the evidence needed, challenge an inappropriate decision and, where necessary, assist with an appeal concerning the content of an EHCP.

Can I have a personal budget for EOTAS / EOTIS?

Where EOTAS / EOTIS is included in an EHCP, parents or young people may be able to request a personal budget to help manage the funding for the provision set out in the plan.

The funding can remain managed by the local authority, or parents or the young person can request that some or all of the funding is made available for them to manage and arrange the agreed provision themselves.

This can provide greater flexibility over how the education and support is delivered, although the arrangements will need to be agreed with the local authority and remain consistent with the provision specified in the EHCP.

If you believe your child’s needs mean that their education cannot appropriately be delivered in school, we can advise you on whether EOTAS or EOTIS may be appropriate and how this could be secured through their EHCP.

What if my child has been excluded?

If your child has been excluded, there are specific arrangements governing their education.

For a fixed period exclusion, the school remains responsible for providing suitable education after the relevant period. Following a permanent exclusion, responsibility for arranging suitable education generally passes to the local authority after the required period.

If your child has SEN or an EHCP, their additional needs should also be considered when decisions are made about their education and future placement.

If you are concerned that your child is not receiving suitable education following an exclusion, we can advise you on your options.

What if my child's EHCP is not being followed?

If your child has an EHCP, the provision specified in the plan should be delivered.

If your child is unable to attend their school because the existing placement or provision is not meeting their needs, this may require further consideration by the school and local authority.

In some circumstances, alternative provision or home tuition may need to be considered while a longer term solution is found.

We can review your child’s EHCP and circumstances and advise you on whether the education and support being provided are appropriate.

How can we help?

We understand how difficult it can be when your child is at home instead of being in education, particularly when you are unsure who is responsible for putting things right.

We can help you understand your child’s rights, identify who should be responsible for their education and advise on the steps available to secure appropriate provision.

Our support can include:

  • Advising on your child’s right to education
  • Reviewing the reasons your child is unable to attend school
  • Advising on home tuition and alternative provision
  • Supporting families following exclusion
  • Advising where SEN or an EHCP is contributing to non attendance
  • Challenging failures to provide suitable education
  • Advising on appropriate alternative educational placements

If your child is missing school and you are worried about what happens next, you do not have to work it out alone. We can help you understand your options and find a way forward.

Get in touch today

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What Our Clients Say

Rob Price represented my son Luke in his appeal to remain at his specialist autism college, and I cannot recommend him highly enough. From the outset, Rob was professional, approachable and incredibly efficient. He acted extremely promptly throughout the process, always keeping us informed and ensuring everything was completed on time. His knowledge and expertise gave us confidence during what was a very stressful period. Most importantly, Rob genuinely understood how important the right educational placement was for Luke. Thanks to his hard work and dedication, Luke was able to remain at the college where he is thriving. We are so grateful for everything Rob did for our family. If you are looking for a solicitor who is knowledgeable, compassionate and truly committed to achieving the best outcome, I would not hesitate to recommend Rob Price.

Joanne Withell

I cannot thank Robert Slade and his team Maria and Helen for their fantastic work on behalf of my son's univeristy complaint regarding his health issues at the time of his assessment and what we felt was discriminatory practice by the university. The complaint was upheld! and I firmly believe this would not have happened without the expert evidence provided by this legal team. We are so gratefull that we used this team and cannot give higher recomendations.

Michelle Jeanne Moore

Rob Price and his team have been absolutely fantastic throughout the process of securing an EHCP placement for our daughter. Rob really listens, is quick to respond and is always incredibly helpful.

Emye Mcaughtry

We came to HCB through a personal recommendation. Rob Price , Saskia, and Mari were exceptional throughout. What stood out immediately was that they genuinely cared and that this wasn't just a case to them. Rob's own personal experience lent an authenticity and empathy to his approach that was reassuring during what is an incredibly stressful process. From a practical standpoint, they were transparent and professional at every stage. Their fee estimate clearly set out a lower and upper range, with honest guidance that tribunal proceedings would likely reach the upper level. In our case it did go to tribunal, and whilst we paid the upper estimate, the final cost did not exceed what had originally been outlined. The charging model was clear and easy to understand, and time accounting was shared with us regularly so we always knew where we stood. Crucially, they took the stress & emotions of correspondence and case management off our shoulders entirely, which had begun to wear us down. Their network of experienced professionals is a significant asset. The assessment and report produced for the Tribunal was thorough, tribunal-ready, and drew on triangulated evidence and data. The EP recommended by Rob was Rob, Mari and Saskia acted with integrity throughout, working hard to settle as many matters as possible ahead of tribunal to minimize costs. Where tribunal was unavoidable, their model of retaining representation in-house was invaluable. There was no handoff to a separate barrister, meaning Rob was already fully familiar with the detail of our case. At the tribunal, Rob was measured, calm, and authoritative. He let the evidence and the professionals speak, intervening precisely when needed and never over explaining. His significant experience with the tribunal process, its workings and its panel was evident, and we have no doubt that his ability to read and adapt to the panel contributed meaningfully to the outcome. Based on the evidence submitted and heard during the Tribunal, the panel sided with our case and our kid is now attending the right school for them, based on their needs. This is without doubt the most influential and life changing decision for our kid and our family. We highly recommend Rob and his team and if you find yourself in the unfortunate position of facing a tribunal process, trust the team, let them do what they do, and you will be in the very best of hands.

Kathryn Lee

EHCP representation: I approached the firm with need for representation for help with educational proceedings, the firm was amazing, the way they approached myself with kindness and open arms, was something I truly did not expect. We were represented by Stephanie Jones - Stephanie showed excellent time keeping, her attention to detail and pure compassion was astounding, she was on the case rapidly. I dealt at the time with a bereavement, while this was my burden to carry Stephanie knew how to extract information she needed from myself in a sensitive manner, she captured all the details in tight deadlines and Stephanie would consistently chase the Local Authority. And yes we did win and settled before we even got to tribunal, securing a independent SEN placement. The admin staff and Mollie the other solicitor were also a wonderful group of staff, but also lovely mention to alexander the assistant to Stephanie, I had burst in to tears on the phone and he quickly guided the best course and liaised with Stephanie, the kindness of the tone on the phone is something I will never forget. Stephanie rapidly emailed me shortly after. Stephanie and Alexander went above and beyond and helped prop a mother up who was dealing with the loss of a parent, I hope when I qualify as a solicitor I display the same integrity as this firm.

Kelly Clements

I want to say a huge thank you to Andrew Barrowclough and Stephanie Jones. After trying to navigate the EHCP appeals process myself to get the right support for my daughter, I reached out to HCB when the process had become extremely stressful and I knew I needed their expertise. From the moment they became involved, they were professional, knowledgeable and understanding. They took the time to explain everything, guided me through the process and handled everything with such care and confidence. They ultimately secured a place for my daughter at the school that can properly meet her complex needs, and I genuinely cannot thank them enough. If you are a parent navigating the EHCP appeals process and fighting for the right support for your child, I would highly recommend Andrew and his team.

Hannah Buckland

Great support provided by Robert Slade and Maria Racz-Makany, helping my daughter through a difficult situation and investigation at University. Thanks to high quality work and support, and a rapid turnaround, clarity was brought to the situation and the correct outcome achieved for my daughter. We are very grateful to HCB for their great work and support.

Graham Morris

HCB Solicitors have been assisting and representing us for the past 6-7 months. It is hard to find words to do them justice (no pun intended) - they have been exceptional. Not only are they highly specialist, knowledgeable, and reliable, but they also truly care. In the same way that a compassionate medical professional makes all the difference, so does having a legal professional who cares. Thirty seconds into speaking with Mark Glen for the first time, I could tell that he knew exactly what position we were in, how it felt to be in it, and how best to deal with it. You cannot ask for better than that. Mark and Grace fought tirelessly for our child's legal rights, and our child will continue to grow up knowing we couldn't have done it without them and the team at HCB.

Laura J

Robert and Maria helped with an issue regarding my daughter and her school. Very helpful, informative and responded quickly to queries, excellent service. I cannot thank them enough for all the hard work and effort that went into this case. Highly recommend to any one that needs advice/representation with education issues. They are both a credit to the company.

Donna

I cannot thank Rob Price and his team enough for all of their help and support with progressing Annabelle’s EHCP appeal. Thanks to their hard work and expertise, the outcome was successful and Annabelle now has our preferred secondary school named in Section I of her EHCP. Throughout the entire process, Rob was extremely professional, knowledgeable and efficient. He always acted quickly on anything that needed to be done and was incredibly responsive throughout what can be a very stressful process for families. Whenever we spoke on the phone, it was very clear that he really knew his field inside out. He gave excellent advice, explained things clearly and always made me feel reassured and supported. Having Rob and his team involved made the whole process far less overwhelming than it otherwise would have been. I would absolutely recommend Rob and his team to anyone needing support with SEND or EHCP matters, and I would not hesitate to use them again in the future if needed.

Rebecca

I have been using the services of HCB for a number of years now for my daughters educational needs and they have been very supportive and professional. Sophie who has been helping us through my daughters final year at college has been instrumental in my daughters development and progress. Whilst on this occasion we did not require the need to go to tribunal again as that was done with Andrew’s support and expertise. We did require support to enable the right outcome from our LA to finalise everything. This was done and the right outcome was granted. Swiftly and professionally. Thank you Sophie

Emma Hawkings-Byass

We instructed HCB Solicitors for our son’s SEND Tribunal appeal and were extremely impressed with the service provided by Ed Duff and Grace Stork. Due to an unexpected issue with our previous legal representation at a different firm, Ed took over the case at very short notice. Despite this, he immediately grasped the detail, understood our son’s profile with real insight, and took full command of the case without missing a beat. At the hearing, Ed was exceptional. He handled the Local Authority’s behaviour calmly and professionally, dismantled their evidence with precision, and presented our case in a clear, strategic and highly effective way. His advocacy was confident, measured and persuasive, and it directly secured the specialist placement our son needs. It was clear he had understood not just the legal issues, but our son as a whole child. Grace’s support throughout the process was also excellent. She kept everything organised, communicated clearly, and ensured that all documentation was handled smoothly, which made a stressful process far more manageable. We are incredibly grateful for the work Ed and Grace did for our family. Their professionalism, expertise and commitment made all the difference. We would not hesitate to recommend them to any parent navigating the SEND system.

Helen Heath-Anthony

We had Ed Duff lead our ECHP challenge when the local authority tried to suggest ordinary available provision (which we'd tried) was suitable for our then 7yr old neurodiverse son. Ed and the team are excellent, and exceptionally experienced at handling such complex matters on behalf of their clients. Ed ensured he kept us informed at all points, and is great at demystifying this opaque EHCP system. Cannot recommend highly enough.

Nicholas Casey

We never expected to need legal help for our son’s school placement but found ourselves in the position to need to appeal the EHCP plan for our son. Friends recommended HCB solicitors and I’m so glad they did. The outcome was more than successful and we were supported through every step of the process. All work charged was fair and reasonable and everything was explained to us with care and detail. We dealt with many staff members at the firm and each and everyone of you were polite and supportive it was an absolute pleasure to have had you as our solicitors! Thank you to Caitlyn who took our case on as things heated up you were incredible and your advice was exactly what we needed to finish the case. I wouldn’t hesitate to recommend this team if you are looking for help with your children’s EHCP.

Yasmin

***** EXCEPTIONAL EDUCATIONAL SOLICITORS ***** I received outstanding service from Robert and his team Helen & Maria at HCB solicitors, Cardiff in helping to hold my 16 year old son's college accountable when they failed to identify his declared disability, costing him a year of his education. They successfully secured an out of court settlement, resulting in the college both paying compensation and issuing an apology for my son's suffering. Robert was mindful of my son's lack of income to fund legal advice and kept costs to a minimum without compromising the strength of his case. Helen and Maria were fantastic in keeping me updated and actioning anything needed when Robert was not available. That was particularly important given the strict time limitations on educational claims. I would not hesitate to recommend them to families and students in a similar situation and I am delighted we chose HCB solicitors to represent us.

Selina Phillips

Laura Carr has been my rock whilst I was so low and did not physically or mentally have the energy to fight anymore. I was not only kept up to date with everything that was happening or about to happen, she also knew her job inside and out and was professional and efficient throughout. My son is now at the school that can 100% meet his needs and I would recommend to anyone having difficulties with their SEN Child to contact Education Law Advice.

Elin Bowen

With the help of Saskia and the team we were able to win our case against the LA a few days ahead of the hearing date. This would not have been possible without their knowledge, expertise and professionalism displayed. We are truly thankful for the provision we now have in place for our son and his future. I would highly recommend to anyone needing a solicitor for SEN educational / EHCP help.

Hollie Bannister

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