Elective home-educated children with additional learning needs (ALN)

Elective home-educated children with additional learning needs (ALN)

Section 7 of the Education Act 1996 says parents must make sure their child gets a full-time, efficient education that is suitable for their:

• Age
• Ability
• Aptitude
• Any additional learning needs (ALN)
• If a local authority finds that a home-educated child may have ALN, it must decide if the child does have ALN. If so, the authority must:
• Prepare and keep an Individual Development Plan (IDP)
• Make sure the Additional Learning Provision (ALP) in the IDP is provided
• When preparing or reviewing an IDP for a home-educated child, the local authority should:
• Work with the child and parent to identify the right ALP
• Ensure the ALP is delivered properly

Additional Learning Provision (ALP) for Home-Educated Children

• There is no separate legal definition of ALP for home-educated children. Home education itself is not ALP, but parents may deliver ALP as part of it.
• Local authorities, working with the child and parent, must identify the ALP the child needs.

Key Practical Differences:

• Who delivers the ALP
• Where it is delivered
• ALN may look different at home than in school and can be affected by the learning environment.
• The IDP should reflect the child’s needs and the ALP, including the home setting.
• ALP should only meet the child’s identified ALN; authorities can decide the most efficient way to provide it, as long as it meets the ALN requirements.

Changes in Need:

• Some children may no longer need an IDP if home education removes learning barriers.
• Other children may still have ALN and require ALP; the local authority must maintain their IDP and provide the ALP.
• Any revisions or decisions to stop maintaining an IDP must follow the steps in Chapter 29 of the ALN Code.

Duty to Ensure ALP is Provided

• For home-educated children, parents often deliver the ALP. The local authority must ensure it is being delivered effectively.
• If parents cannot provide all the ALP, the local authority must still secure it.

Ways this can be done:

• Provide extra support to supplement home education
• Offer training to help parents deliver the ALP
• Arrange education at a school if needed
• The local authority does not have to deliver the ALP at home or follow the parent’s preference; it just must ensure the child’s needs are met.

Duty to Ensure ALP is Delivered

• The local authority must:
• Maintain the IDP for home-educated children
• Secure the ALP in the IDP
• Ensure the ALP is delivered properly This is part of the duty to provide a full-time, suitable education. IDP review and checking education quality are separate duties, though they can happen together.
• Authorities cannot require home visits, but visits can help confirm the child is receiving:
• Suitable education
• The ALP they need
• If home visits aren’t possible, the authority should work with parents to find other ways to deliver and monitor the ALP, including alternative settings.

Rights to appeal

Home-educated children and their parents have the same rights to appeal as children receiving their education in school or other settings. 

When a Parent Refuses to Engage with the IDP

• A parent’s refusal does not stop the local authority from carrying out its duties under the ALN Act, including reviewing or updating the IDP.
• Parents’ views must be considered, but a child’s right to ALP does not depend on parent consent.
• If a parent refuses to engage, the authority must decide whether the education being provided at home is suitable based on available information.
• Authorities may request a meeting with the child to check the ALP. If this is refused, they may not be able to confirm suitability.
• If the authority is not satisfied, it may use powers such as:
• School attendance orders
• Education supervision orders

When a Parent Withdraws a Child with a School IDP to Home Educate

• When a child with a school-maintained IDP becomes home-educated, the school is no longer responsible for the IDP.
• IDPs should not be stopped unless they are no longer needed (e.g., the child no longer has ALN or is outside Wales).
• The responsibility to maintain the IDP transfers to the local authority to ensure continuity.

Process:

• Schools must inform the local authority within 10 days of a pupil leaving. Special schools need local authority consent.
• Schools should request the IDP be transferred to the local authority at the same time. Staff involved could be:
• Teacher, ALNCo, designated coordinator, or other staff member
• This avoids delays and maintains continuity of provision.

After Transfer:

• The local authority can review the IDP early with the child and parent.
• If ALN is no longer present, the authority may cease the IDP following proper procedures (Chapter 29, ALN Code).
• If the child still has ALN at home, the IDP and ALP must continue.

 When a Parent withdraws their child with a local authority-maintained IDP to home educate them

The local authority must continue to maintain the IDP, unless and until any of the circumstances occur which result in the duty to maintain it ceasing.

Education otherwise than at school (EOTAS)

Duties and Responsibilities
Local authorities must make arrangements to provide suitable education for children of compulsory school age who cannot attend school due to:

• Illness
• Exclusion
• Other reasons where school alone cannot meet their needs

“Suitable education” means education that meets the child’s:

• Age
• Ability
• Aptitude
• Additional learning needs

Local authorities also have the power to provide similar support for young people over compulsory school age but under 18.

Who EOTAS is For
Some EOTAS placements are temporary “turnaround” arrangements where the learner:

• Attends an EOTAS setting for a set period
• Remains enrolled at their school
• Returns to their original school

Other learners may need a bespoke EOTAS programme, for example if:

• They have been excluded
• Their needs are complex and require specialist support
• The local authority commissions or provides education to meet their needs

Learners may also access EOTAS due to:

• Poor mental health (e.g., anxiety)
• Health issues with uncertain prognosis

EOTAS Curriculum
Planning and delivering EOTAS should include:

• Supporting the health and well-being of each learner
• Collaboration between learner, parents/carers, school, and EOTAS providers
• Access to an inclusive curriculum tailored to individual needs
• Support for reintegration into mainstream or specialist provision
• Progression towards further education, training, or work

Common EOTAS Settings in Wales

• Pupil Referral Units (PRUs)
• Tuition / One-to-One Support:
• At home or another suitable location
• Small group teaching
• Community-based tuition
• Further Education Institutions: For vocational or academic courses
• Independent Schools: Must be registered with Welsh Government to accept learners with an IDP
• Other Settings:
• Online schooling
• Hospital schools
• Voluntary or community organisations

Schools or settings providing full-time education must register as independent schools if they teach:

• 5+ compulsory school age pupils, or
• At least 1 pupil with an IDP

Local authorities can also commission EOTAS outside Wales.

Additional Learning Provision (ALP) for EOTAS Learners

• Use the ALN Act definition for individual circumstances
• No separate legal definition for ALP in EOTAS
• If a learner cannot access school due to their ability to learn, this should be reflected in Section 2A of the IDP, including:
• Behaviour
• Emotional and social development
• The ALP in Section 2B of the IDP should directly match the ALN in Section 2A
• Only describe the ALP needed to meet the identified ALN