My Child Has an EHCP but No Education: What Happens Next?
An Education, Health and Care Plan should secure the special educational provision a child needs. But for some families, the EHCP is finalised and the child is still at home without a suitable school, meaningful tuition or the support written into the plan.
This can happen when:
the named school says it cannot meet the child’s needs;
the placement has broken down;
a child is unable to attend because of anxiety, trauma or health needs;
the Local Authority is still searching for a specialist placement;
alternative provision has stopped or was never arranged;
the child remains on a school roll but cannot realistically access the school; or
the EHCP exists on paper, but the provision in Section F is not being delivered.
Having an EHCP does not remove the Local Authority’s responsibilities. Nor should a child be left without education while professionals debate funding, placement or responsibility.
An EHCP is not the same as receiving an education
An EHCP is a legal document, but its value depends on what it contains and whether it is implemented.
Section B should describe the child’s special educational needs. Section F should set out the special educational provision required to meet those needs. Section I identifies the school or type of setting to be attended.
Under Section 42 of the Children and Families Act 2014, the Local Authority must secure the special educational provision specified in Section F. The Local Government and Social Care Ombudsman has confirmed that this responsibility remains with the Local Authority even where it expects a school or another organisation to deliver the provision.
This means the Local Authority cannot simply say:
“The school is responsible.”
“The school does not have the funding.”
“We are waiting for a placement.”
“The provider has no staff.”
“Your child needs to attend school to receive the provision.”
Those explanations may describe the practical problem, but they do not necessarily discharge the Local Authority’s legal duty.
There may be two separate duties involved
Where a child with an EHCP is out of education, parents should consider two related but separate questions.
1. Is the provision in Section F being delivered?
The Local Authority remains responsible for securing the special educational provision written into Section F.
This may include:
individual adult support;
specialist teaching;
speech and language therapy;
occupational therapy;
therapeutic input;
programmes recommended by professionals;
support with communication, regulation or sensory needs; and
provision intended to make education accessible.
If the child is unable to attend the named school, that does not automatically make Section F disappear. The Local Authority should consider how the provision can actually be delivered in the child’s present circumstances.
2. Is the child receiving suitable education?
Section 19 of the Education Act 1996 requires a Local Authority to arrange suitable education at school or elsewhere for a child of compulsory school age who, because of illness, exclusion or another reason, would not otherwise receive it.
The education must be suitable to the child’s age, ability, aptitude and special educational needs. It should generally be full-time, although a reduced amount may be appropriate where full-time education would not be in the child’s interests.
The duty is not limited to children who have been permanently excluded or who possess a particular medical diagnosis. The central question is whether suitable education is genuinely available and accessible to the child.
A school place is not necessarily an accessible education merely because the child remains registered there.
“The school place is available” may not answer the problem
Local Authorities sometimes argue that they do not need to arrange alternative education because a school remains named in the EHCP.
But parents should examine what is happening in reality.
Can the child actually attend?
Can the school implement the EHCP?
Has the school said that it cannot meet need?
Has the child experienced repeated distress, exclusion or placement breakdown?
Are reasonable adjustments and specialist support in place?
Is there a realistic, professionally supported reintegration plan?
The Ombudsman refers to the relevant test as whether the education offered is genuinely “available and accessible” to the child.
A theoretical place that the child cannot access may not be enough.
What should parents do first?
The first step is to create a clear written record.
Avoid relying only on telephone calls or informal conversations. Email the Local Authority’s SEN officer or caseworker and copy in the relevant team manager.
Your email should state:
The date your child stopped receiving suitable education.
Whether your child remains on a school roll.
Why the current placement is not accessible or suitable.
What education is currently being provided, including the number of hours.
Which parts of Section F are not being delivered.
What the school and relevant professionals have said.
What you are asking the Local Authority to arrange immediately.
Ask the Local Authority to confirm:
what education it considers your child is currently receiving;
why it considers that education suitable;
how every provision in Section F is being secured;
whether it has considered its duty under Section 19;
what interim provision will begin while a longer-term placement is found;
who is responsible for arranging it; and
the proposed start date.
The request should be specific. Asking generally for “support” makes it easier to receive a vague response.
Gather evidence about why the current arrangement is not working
The evidence does not always need to be a new independent report.
Useful evidence may include:
emails from the school saying it cannot meet need;
attendance records;
exclusion or suspension information;
records of reduced timetables;
professional reports;
GP, CAMHS or paediatric evidence;
records of distress before, during or after attendance;
safeguarding concerns;
annual review paperwork;
evidence that previously attempted support has failed;
correspondence showing that alternative provision has stopped; and
a clear parental account of what has happened.
The purpose is not simply to prove that the child is absent. It is to explain why the education currently offered is not realistically accessible or suitable.
Do not accept an indefinite reduced timetable without scrutiny
A short-term reduced timetable may sometimes form part of a carefully planned response to a child’s needs.
It should not become an indefinite substitute for suitable education.
Parents should ask:
What is the purpose of the reduced timetable?
Was it agreed with the parent?
Is it supported by professional evidence?
What education is being provided during the remaining hours?
How is progress being reviewed?
What is the plan for increasing access?
Is the reduced package genuinely in the child’s interests, or is it being used because suitable provision is unavailable?
The Department for Education’s guidance applies to compulsory-school-age children who cannot attend school, including children who are on a school roll, not on a roll or attending intermittently.
Should you request an emergency annual review?
An emergency annual review can be appropriate where:
the placement has broken down;
needs have significantly changed;
the school can no longer deliver the EHCP;
the provision in the plan is no longer suitable;
a different type of placement may be required; or
education otherwise than at school may need to be considered.
However, an annual review is not a substitute for arranging immediate education.
The Local Authority should not leave a child without education while waiting for an annual review, updated assessments, a funding panel or school consultations.
The immediate education problem and the longer-term EHCP problem may need to be pursued at the same time.
Does being out of school mean the child needs EOTAS?
Not automatically.
Education Otherwise Than At School, commonly known as EOTAS, is a specific arrangement under which the special educational provision in an EHCP is delivered otherwise than in a school or post-16 institution.
A child receiving temporary home tuition or alternative provision under Section 19 does not necessarily have an EOTAS package.
The distinction matters:
Section 19 provision is often an immediate or interim response where a child would otherwise receive no suitable education.
EOTAS concerns what the EHCP itself should require as the appropriate way to deliver the child’s special educational provision.
Some children need temporary alternative education while a suitable placement is found. Others may require a properly specified EOTAS package because education in a school setting would be inappropriate.
The evidence and legal tests are different, so parents should be cautious about using the terms interchangeably.
What if the Local Authority does not act?
If the Local Authority fails to respond or arrange provision, the next step depends on the precise problem.
Options may include:
escalating the matter to a senior SEND manager;
making a formal complaint to the Local Authority;
requesting an urgent annual review;
asking for a reassessment of needs;
appealing an amended or final EHCP;
complaining to the Local Government and Social Care Ombudsman after completing the council’s complaints process; or
obtaining legal advice about judicial review where urgent action is required.
The correct route depends on whether the dispute concerns:
failure to deliver existing Section F provision;
failure to arrange suitable education;
the contents of Sections B or F;
the school or type of placement in Section I;
delay;
or a combination of these issues.
A complaint cannot usually change the contents of an EHCP where a right of appeal exists. Equally, a tribunal appeal may not provide a quick remedy for education and provision being missed today.
That is why identifying the exact problem—and choosing the correct route—is so important.
Do not let the search for a permanent placement obscure the present
Finding the right long-term school may take time. Consultations may be sent, schools may decline and funding panels may need to consider placements.
But a child’s education cannot simply be placed on hold during that process.
The Local Authority should be considering both:
What suitable education and Section F provision must be arranged now?
What longer-term placement or package is required?
Parents should continue pressing for clear answers to both questions.
Your child has an EHCP. It must work in practice.
An EHCP should do more than describe a child’s needs.
It should secure provision and support access to suitable education.
Where a child remains at home without meaningful education, the starting point is not simply to ask when another school might become available. It is to identify:
what legal duties are currently engaged;
what provision is missing;
why the existing placement is not accessible;
what needs to be arranged immediately; and
whether the EHCP itself must now change.
Need clarity about what to do next?
My Initial Case Review examines your child’s EHCP, current educational position and supporting evidence.
You will receive a clear assessment of the main issues, the immediate priorities and the most appropriate next steps—including whether the matter requires alternative provision, an urgent review, formal escalation or tribunal action.
This article provides general information about the law in England and is not a substitute for legal advice on an individual case.