a learning difficulty which calls for special educational provision to be made.

A 'learning difficulty' is further defined in section 312 (2)

The right to home educate children with SEN is specifically upheld by Section 7 (b) of the 1996 Education Act.

"The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable ;

a) to his age, ability, and aptitude, and
b) to any special educational needs he may have,

either by regular attendance at school or otherwise."

No particular qualifications or special needs training are required by parents fulfilling their Section 7 duty by educating 'otherwise'.

Identification and assessment of children with SEN

if he is in their area and..... he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.

Under Section 321 (2) of the 1996 Education Act, LEAs have a duty to identify children for whom they are responsible if:

he has special educational needs, and it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

This makes it clear that LEAs would only need to identify children with SEN if they need to determine the provision they would be obliged to make if the parents had not made their own suitable arrangements. This would include children not registered at a school by virtue of their age (over 2 but under 5, or over 16), but not children being educated otherwise than at school, by elective home education.

Under section 323 an LEA also has a duty to assess the educational needs of SEN children, where the same circumstances, inappropriate to home-educated children, apply.