Education Otherwise Than at School and Elective Home Education

Where a parent has chosen not to send their child to school full-time, but instead to provide an education at home or by other means, they are electively home educating (EHE) their child. As at census date in autumn 2024, local authorities reported there 111,700 children receive elective home education. This increased from an estimated 92,000 in the previous autumn term.

However, elective home education does not necessarily mean that the parent is teaching the child at home full time. Some parents support their child’s education by, for example, using private tutors. It is also possible for the child to receive part of their educational provision at a school, also known as ‘flexi-schooling’. This is commonly done to ensure that the child receives a suitable education in specific subjects.

Settings supporting elective home education

Increasingly non-school settings are supplementing home education. This is creating new challenges of its own, as settings seeking to provide support to parents must ensure to comply with the Education and Skills Act 2008, which sets out the legal requirements in respect of independent educational institutions.

In England, it is a criminal offence to operate an independent school which is not registered with the Department for Education. The risk of unregistered schools to children is considerable, with children attending unregistered independent schools being exposed to risks given that there is no formal external oversight of safeguarding, health and safety or the quality of education provided.

To prevent the operation of unregistered independent schools, Ofsted will investigate when it suspects a setting may be operating illegally. The Department for Education recently released statistics which record that Ofsted investigated 277 suspected unregistered schools in the academic year 2024/25.  Eighteen of these settings were issued with a warning notice.

The Children’s Wellbeing and School’s Bill, which is currently in draft format, is seeking to amend the existing definition of an independent educational institution as set out in the ESA 2008. This may impact many settings which currently do not breach requirements in respect of unregistered independent schools, but which may do so in the future if they do not change the way they operate to align with the proposed amendments.

Settings which support home education should take legal advice in respect of what the proposed amendments set out in the Children’s Wellbeing and School’s Bill may mean for them.

What is Education Otherwise Than at School?

Pursuant to section 19 of the Education Act 1996, local authorities have a duty to make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

Education otherwise than at school (EOTAS) is education provided for a child by the local authority to comply with this duty where the child cannot attend school. This could be, for example, by arranging alternative provision or a hospital school.

The local authority is required to consult with the child’s parents prior to enforcing EOTAS. As the parents have the ultimate duty to secure suitable full-time education for their child, with the local authority taking action only where this is not happening, if the parent in fact finds a suitable school for their child, the child should go to that school.

The reasons for arranging EOTAS are varied. For some children, education in any setting would be inappropriate due to their special educational needs. It could also be that the child has been excluded from their school or is temporarily unable to attend school because of illness or another reason.

If the outcome is that the child is not receiving education in school, what is the difference between EOTAS and EHE?

Whilst both EOTAS and EHE ultimately mean that a child does not receive a full-time education at a school, they are different. With an EOTAS package the local authority is responsible for arranging and paying for the provision which is put in place. If a parent chooses to electively home educate their child, the local authority is not responsible for meeting any of the costs or providing any support.

Practical support

Understanding the regulations and legislation surrounding settings which support the education of children who are electively home educated is vital. Individuals who run settings which support home-education parents, but who breach legislation in respect of unregistered independent schools, risk facing prosecution.

We are well versed in providing support to both schools considering flexi-schooling and settings supporting home education, including advising on the potential impact of the Children’s Wellbeing and Schools Bill.