EOTAS

EOTAS is the legal mechanism whereby a child or young person with an EHC Plan can receive special educational provision despite being unable to attend an educational setting.

EOTAS means the education or special educational provision for children or young people outside of a formal education setting.  It can only be agreed with the approval of the Local Authority via an Education Health Care (EHC) needs assessment, a reassessment of needs or at an annual review, for those who already have an EHC Plan.

For some children and young people, education in any setting would be inappropriate due to their special educational needs. Education provided in this way is often referred to education otherwise than in a school.

Your child or young person would not be on roll at a school or post 16 institution. The special educational provision could be delivered at home or another setting, which is not a registered educational setting.

Some examples of EOTAS are:

• Online schooling
• Home tuition
• Other tuition centres
• Hospital schooling
• Therapies such as Speech and Language, Occupational Therapy and Physiotherapy

For further information see IPSEA’s website Education otherwise than at/in a school (EOTAS) | (IPSEA) Independent Provider of Special Education Advice (external link)

The LA have a duty under Section 19 of the Education Act 1996 to ensure all children/young people of compulsory school age receive a suitable full-time education.  This imposes a duty on LAs to make arrangements for provision to be made for children/young people who cannot attend a school setting due to illness, exclusion from school or otherwise, and for those who may not for any period receive a suitable education unless such arrangements are made for them.

There is statutory Guidance accompanying the section 19 duty which sets out more detail of how local authorities and schools should support children who are unable to attend school.

• The local authority should provide education as soon as it is clear that the child will be away from school for 15 days or more – whether consecutive or cumulative.
• Where possible parents should provide specific, up to date evidence and advice from a medical practitioner (for example, the GP, consultant, psychologist). Where this is not possible the local authority should seek other forms of evidence to ensure appropriate provision is arranged as soon as possible.

What does ‘otherwise’ mean in the Section 19 duty?

The Education Act 1996 does not define the term ‘otherwise’.  However, the courts have described this widely as meaning it is intended to cover any other situation where it is not reasonably possible for a child to take advantage of any existing suitable schooling.

Children and Families Act (CFA) 2014

Section 42 of the CFA is the duty for local authorities to secure the special educational provision (and for Integrated Care Boards, the health provision) as specified in the EHC Plan.

Section 61 of the CFA sets out when a local authority can decide that a child/young person’s special educational provision can be made otherwise.  A local authority can only do this in consultation with the parents or young person and, if it is satisfied that it would be inappropriate for the provision to be made at a school, or post 16 or early years setting.

Unlike the Education Act Section 19, this is not a temporary or short term solution to a specific circumstance, but a decision, after an Education Health and Care Needs Assessment or annual review, based on the current and foreseeable needs of the child/young person.

 “NYC is strongly committed to the principle that almost all children and young people should receive education by being in a school, educated by teachers and supported by social networks within the school community.  NYC believes it is vital that children and young people are part of a setting that is inspected by Ofsted and has Quality Assurance measures in place, and only in exceptional circumstances this may not be appropriate.”

“All parents and carers have a legal responsibility to ensure that their children receive an efficient full-time education, suitable to their age, aptitude and ability and considering any Special Educational Needs they may have.  This can be achieved by regular attendance at a school or otherwise.”

“In exceptional circumstances, only when all other options have been considered, NYC may provide ‘education otherwise than at school’ on a temporary basis until a suitable long-term provision is secured. EOTAS is the legal mechanism whereby a child or young person with an Education Health and Care Plan (EHCP) can receive educational provision despite being unable to attend an educational setting. EOTAS will only be provided if the following criteria have been met:

• The child/young person has an EHCP
• NYC is satisfied that ‘it would be inappropriate for any special educational provision that it has decided is necessary for the CYP to be made in any school and inappropriate for any part of the provision to be made in any school.”

What does inappropriate mean?

The Children and Families Act 2014 does not define ‘inappropriate’.  However, the courts have said that it is not enough for a local authority to ask whether a school ‘could’ meet a child or young person’s special educational needs.  The local authority is obliged to ask whether provision of education at school would not be ‘suitable and proper’ having regard to all the circumstances of the individual case.

• consider preparation for adulthood.
• ensure provision for pastoral support.
• focus on helping to address and overcome the barriers which are preventing them from accessing school and facilitate integration into a long-term setting wherever possible.
• educate in accordance with wishes of parents, so far as that is compatible with the provision of efficient instruction and training.

A number of important points which ae useful for deciding whether a child or young person requires an EOTAS package:

• What is the special educational provision (SEP) needed? Is it appropriate for it to take place in a setting? In answering this the local authority will need to take into account all the considerations such as the child/young person’s background, facilities, parental views, child or young person’s views, costs etc.
• If the answer is no to the above question, then the LA will need to specify the SEP to be provided Other thn at School in Section F and Section I is left blank.
• If the answer is yes, it would be appropriate for all the SEP to happen in a setting, then a setting is named in Section I.
• However, if it would only be appropriate for ‘some’ of the SEP to be provided in a setting but not all of it, then a setting is named in Section I with SEP in Section F to cover what takes place in the setting and what takes place ‘EOTAS’.

EOTAS is often complex and unique to the child/young person’s circumstances.  Therefore, there is no ‘one size fits all’ approach.  Straightforward cases are likely to be those where there is clear evidence and agreement that the special educational provision (SEP) in a setting would be inappropriate, and a package of SEP is specified in Section F with Section I left blank.

Once the local authority has agreed there is a need for EOTAS the LA then decide how a package is to be delivered as they have the duty to ‘secure’ the SEP in Section F.  However, a parent or young person may request a personal budget and direct payment.  If the local authority agrees to this, the parent or young person would commission the provision directly through the use of direct payments which would mean the local authority is not responsible for securing the SEP.

It is important to note that a parent/carer or young person cannot be made to accept direct payments. As stated above the LA has a legal duty to secure the provision in Section F of the plan. The parent/carer or young person has the choice to take this responsibility on, but they cannot be made to do it.

EOTAS: Education Otherwise Than At School. What is it, and can I get it? – Special Needs Jungle

Education otherwise than at/in a school (“EOTAS”) | (IPSEA) Independent Provider of Special Education Advice

Home education and ‘education otherwise’ | (IPSEA) Independent Provider of Special Education Advice ( See section entitled Education Otherwise)

Education other than at school – Local Government and Social Care Ombudsman