EOTAS and Home Education: The Difference

Two different routes

Elective home education is a parental choice to educate a child otherwise than at school. EOTAS under Section 61 of the Children and Families Act 2014 (opens in a new tab) is a Local Authority arrangement for special educational provision to be made somewhere other than a school or post-16 institution, where the authority is satisfied that provision in such a setting would be inappropriate.

England only

This page describes the position in England. The law differs in Wales, Scotland and Northern Ireland, and this is general information rather than advice about a particular child.

EOTAS is not the same as elective home education

The clearest distinction is who carries the responsibility. With elective home education the parent decides, arranges and normally funds the education. With EOTAS the Local Authority decides, arranges or secures the special educational provision, and remains legally responsible for the provision specified in the EHCP.

Location alone does not determine which route applies. A child learning at home may be electively home educated, or may be receiving EOTAS. The difference is legal, not geographical.

Comparison table

Comparison of EOTAS under Section 61 and elective home education in England
Question	EOTAS under Section 61	Elective home education
Who decides	The Local Authority decides, having considered the child’s needs and the evidence.	The parent decides to educate the child otherwise than at school.
Who arranges the education	The Local Authority arranges or secures the special educational provision.	The parent arranges the education.
Who pays	The Local Authority funds the special educational provision specified in the plan.	The parent normally meets the cost.
Relationship with an EHCP	Usually considered within an EHCP, under Section 61.	A child may or may not have an EHCP. Home educating does not change the plan by itself.
Legal responsibility for provision	The Local Authority remains responsible for securing the provision specified in Section F.	The parent is responsible for ensuring the child receives a suitable education.
Review and oversight	Reviewed through the EHCP process, with the plan setting out what must be delivered.	The Local Authority may make informal enquiries about the suitability of the education.

A third route, Section 19 of the Education Act 1996, can apply where a child of compulsory school age would not otherwise receive suitable education, for example because of illness or exclusion. It is a different duty and is not interchangeable with Section 61: Section 19, Education Act 1996 (opens in a new tab). Ask the Local Authority to state in writing which route it is using.

The legal responsibilities are different

Where a Local Authority maintains an EHCP, it must secure the special educational provision specified in it: Section 42 (opens in a new tab). That duty continues under an EOTAS arrangement.

Where a parent electively home educates, the parent is responsible for ensuring the child receives a suitable full-time education. GOV.UK sets out the elective home education framework: elective home education guidance (opens in a new tab).

EOTAS may sit within the EHCP route

EOTAS is normally considered through the EHCP: the needs in Section B, the outcomes in Section E and the provision in Section F, with the question of setting addressed under Section 61. Read more in the complete EOTAS guide and on how to request EOTAS.

Home education is not automatically an EOTAS package

Choosing to home educate does not create an EOTAS package, does not oblige a Local Authority to fund provision, and does not by itself change what an EHCP says. A child having SEND, a diagnosis or an EHCP does not turn elective home education into EOTAS.

Home educating can change the position

Where a parent takes on responsibility for a child’s education, a Local Authority may take the view that it is satisfied with the arrangements the parent has made, which can affect what it arranges and funds. This is one of the main reasons to get advice before making the decision.

Seek advice before withdrawing a child from school

Withdrawing a child is a significant decision with practical and legal consequences, including for an EHCP and any named placement. Before deciding, it is worth getting independent advice from a SEND Information, Advice and Support Service, an independent SEND adviser, or a solicitor experienced in SEND law: GOV.UK: SEND support information (opens in a new tab).

Different rules can also apply where a child attends a special school, so check the position for your child’s specific setting rather than assuming the general rule applies.

A child must not simply be left without suitable education

Whichever route applies, a child should be receiving suitable education. Where a child is not, that is a matter to raise in writing with the school and the Local Authority. GOV.UK guidance on children missing education explains the duties involved: children missing education (opens in a new tab).

A gap in education should be recorded as it happens, with dates and what was requested. That record is often the most useful evidence a family has later.

Official sources

Checked on 22 September 2026. Always check the current version before relying on it.

This page provides general information about the position in England. It is not legal advice and does not decide what is right for a particular child.

Looking for practical help rather than information? See the EOTAS package management service or book an appointment with Jess.

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