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• 21 May 2026

Yes

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Complex

In Wales under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 and the ALN Code the position is broadly that a school-maintained IDP does not continue indefinitely once the child ceases to be a registered pupil at that school.

Where parents electively home educate a child and the child is deregistered from the maintained school the governing body’s responsibility to maintain the IDP will generally cease because the child is no longer a registered pupil of the school.

However the position does not end there. The Local Authority then comes under a duty to consider whether it should maintain the IDP itself.

The key points appear to be as follows:

• a maintained school can only maintain an IDP for a registered pupil at that school
• once the pupil is removed from roll the governing body ordinarily loses responsibility for maintaining the IDP
• elective home education does not automatically extinguish the child’s Additional Learning Needs
• the Local Authority retains wider statutory duties towards children with ALN in its area including children who are electively home educated
• the Local Authority should therefore consider whether it is necessary for it to prepare or maintain an IDP for the child
• where the child’s needs require Additional Learning Provision that it would be unreasonable for the parent to secure independently the Local Authority may remain under duties to secure provision

The answer therefore is broadly:

• YES the school-maintained IDP will ordinarily cease when the child is deregistered because the child is no longer a registered pupil of the school
• YES the Local Authority should then determine whether it will maintain an IDP for the child in the context of elective home education

However there are important qualifications:

• the Local Authority does not automatically “inherit” the existing school IDP the moment deregistration occurs
• there should instead be a lawful decision-making process considering whether the child still requires an IDP maintained by the Local Authority
• the Local Authority should not fetter its discretion by applying a blanket policy that electively home educated children cannot have maintained IDPs
• the Local Authority must consider the individual child’s ALN and the practicality and reasonableness of parental arrangements

Where a Local Authority refuses to maintain an IDP or declines to prepare one following deregistration that decision may potentially be challengeable through:

• the Education Tribunal for Wales depending on the decision made
• judicial review principles including irrationality procedural unfairness or failure to consider relevant statutory duties

There is also a distinction between:

• parents positively choosing elective home education as a preference and
• situations where parents argue that home education has become effectively unavoidable because the Local Authority or school failed to secure appropriate provision

That distinction may become highly relevant in disputes concerning provision and funding.

Relevant Statutes, Regulations, Codes and Case Law

• Additional Learning Needs and Education Tribunal (Wales) Act 2018
• ALN Code for Wales particularly the provisions concerning:
  • Local Authority responsibility for maintaining IDPs
  • children educated otherwise than at school
  • transfer of responsibility for IDPs
  • cessation of maintained IDPs
• Education Act 1996 sections concerning elective home education and children educated otherwise than at school
• Duties on Local Authorities to identify and secure provision for children with Additional Learning Needs within their area

Practical hints and tips

• parents should try to obtain written confirmation from the Local Authority as to:
  • whether the school-maintained IDP has ceased
  • whether the Local Authority proposes to maintain an IDP
  • what interim provision will operate pending any decision
• parents should avoid assuming that deregistration automatically removes all ALN rights
• it is often sensible to request a formal Local Authority decision in writing before deregistration if possible
• evidence explaining why home education is being chosen can become important later particularly where:
  • school placement has broken down
  • anxiety or unmet needs are involved
  • provision in the existing IDP was not being delivered
• parents should keep:
  • copies of the existing IDP
  • professional reports
  • correspondence with the school and Local Authority
  • evidence of provision required at home

AG

Anna Goodes

21 May 2026

This is helpful

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