Response to Draft Guidelines on SEN Regulations

HEdNI has submitted a response to the draft guidelines on SEN regulations. Our main concern is that children with a Statement should retain the advocacy and support of their parents, while gaining the support of the Education Authority, rather than losing any control to 'professionals' without expertise in that individual child's needs. To this end it is crucial that the expertise of the parent is given weight in Guidance and practice, and that the child's voice can therefore be heard.

Special Educational Needs (SEN) and Home Education

Home education can provide opportunities for personalised education not possible in a school environment, and can be a lifeline for children who cannot thrive in school. This may be particularly true for children with special educational needs or a Statement. Children with SEN are entitled to an education that is tailored to their needs and to have their parents, who know them best, make decisions about what is best for their education.  

If your child has never been registered with a school then there is no requirement to contact your Regional Educatiom Authority, and it is wise to be aware of the implications that a statement can have for your ability to home educate in a way that is flexible and responsive to your child's needs. If your child is at school and has a Statement then things can be a little more complicated, and it is important to approach the deregistration process with a certain caution, some support and good advice.

The legal position on SEN and home education is riddled with grey areas and uncertainty. SEN law places duties on the Education Authority rather than on parents to maintain the provision detailed in a Statement.  This should not undermine the principle that parents hold the duty to provide an education under Article 45 of the Education Order, and therefore the power to make decisions. However, Education Welfare Officers tend to take the view that the home educating parent is simply another provider under their authority, like a school. We believe that the parent is the final authority on their child's education unless they fail in their duties, and so must be allowed to judge what is best for their child.

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