Question to the Department for Education:

To ask Her Majesty’s Government whether, under the Children and Families Act 2014, a family with a child who has special educational needs may opt out of an Education and Health Care Plan; and, if so, by what mechanism.

Parents can make their own arrangements for their child’s education. These must be suitable for the child’s age, aptitude and any special educational needs they may have.

Under the Children and Families Act 2014 where a local authority maintains an Education, Health and Care (EHC) plan for a child or young person it is under a duty to secure the special educational provision specified in it unless parents have made suitable alternative arrangements.

Where a local authority is satisfied that the parents’ arrangements are suitable it must continue to review the child’s EHC plan annually and assure itself that the plan remains appropriate.