EHCPs and Home Education: Your Rights, Support, & What’s Changing

If you’re home educating a child with an Education, Health and Care Plan (EHCP), you’re probably already familiar with the balancing act between personalised support, local authority expectations, and doing what actually works for your child.

But with new legislation on the horizon and a lot of uncertainty around funding and future changes, many parents are left asking:
Where do we stand? And what’s next?

Here’s what we know so far, what stays the same (for now), and what might be changing.

EHCPs and Elective Home Education: What’s the Current Situation?

If you’ve chosen to home educate and your child has an EHCP, the first thing to know is:
your legal rights are still intact.
Your child is still entitled to the support detailed in their plan.

However, what that support looks like depends on who is responsible for the education:

  • If you’ve elected to home educate (i.e., the child is not attending a school named in the EHCP), the local authority is not obliged to provide the educational elements of the EHCP.
  • If the EHCP specifies home education as the placement (usually phrased as “education otherwise than at school”), the LA must arrange and fund the provision outlined in Section F.

This distinction is key and often misunderstood, even by professionals.

What Support Can You Access as a Home Educating Parent?

In practice, access to therapies, equipment, or specialist input varies widely between local authorities. Some are flexible and collaborative; others are stretched thin and reluctant to fund provision for children educated at home.

Support may include:

  • Speech and language therapy
  • Sensory or OT input
  • Assistive technology
  • Specialist teaching or tutoring

Even if your LA isn’t responsible for the education itself, they do remain responsible for the health and care elements of the EHCP (Sections G and H).

You also have the right to request a review of the EHCP, or to apply for one if your child’s needs have changed.

What About Funding?

There’s no dedicated “EHCP budget” given directly to families. However, if the LA has agreed to fund education otherwise than at school (EOTAS), this can sometimes include:

  • Direct payments for agreed provision
  • Funding for specialist tutors or therapists
  • Access to resources and learning support

But this isn’t automatic, it must be agreed through the EHCP process and clearly recorded in the plan.

What’s Changing Under New Legislation?

The SEND and AP Improvement Plan, released in 2023, laid the foundations for significant change to how EHCPs and SEND provision are managed.

Here’s what’s coming (likely in stages from 2025–2026 onward):

  1. National Standards for EHCPs
    This will standardise what provision should look like and reduce the postcode lottery but it may also narrow flexibility for non-mainstream approaches.
  2. Digital EHCP Process
    A single digital system for all LAs is being piloted to improve transparency and speed. This could be helpful but it may also feel impersonal if not implemented well.
  3. Mandatory Mediation
    Before parents can appeal EHCP decisions to tribunal, mediation will become compulsory.
  4. More Structured Inclusion Pathways
    The aim is to reduce reliance on EOTAS and independent provision, with a push toward reintegrating learners into school-based settings.

What does this mean for home educators?
There may be more scrutiny around EOTAS requests, tighter criteria for funding provision at home, and more pressure to justify why school isn’t suitable.

What Can You Do Now?

  • Know your rights: You can still request an EHCP, even if your child is home educated.
  • Be proactive in reviews: Keep clear records of your child’s progress and needs.
  • Build relationships with your LA: Even if you disagree, a constructive approach tends to get better outcomes.
  • Connect with others: Peer support (and shared experiences) can make a huge difference.

Navigating EHCPs as a home educating parent can feel like you’re operating in a grey area but your child’s needs and your role as their advocate remain central.

Change is coming, and with it, new systems to learn. But your voice still matters. And there are communities like ours working hard to stay informed, push for better outcomes, and share the load.

Need more support? You’re always welcome to join our SEND & Home Education Support community, where parents share experiences, ask questions, and support each other.