24th February 2025

Education otherwise than at school (EOTAS) – Getting it right

As children and young people struggle to access mainstream placements and with a lack of specialist placements on the horizon, increasing numbers of parents and carers are requesting EOTAS packages for children and young people with Education, Health and Care (EHC) Plans. But are they a good idea? What are the pitfalls to avoid?

Firstly, it is important to dispel a myth, EOTAS is not elective home education. A parent/carer has a legal right to home educate a child with an EHC Plan provided the education offer is suitable. If it is, the local authority does not need to arrange the special educational needs (SEN) provision specified in the EHC Plan and is only required to keep the EHC Plan under review, at least annually. It has the discretion to provide funding to support a parent/carer who is electively home educating a child, but it is not required to do so. If at any point, it finds that the arrangements are no longer suitable it can issue a school attendance order.

In contrast, where it arises, EOTAS provision is the responsibility of local authorities to provide, albeit increasing numbers of parents and carers may be able to request a personal budget to deliver it. The important point is that the local authority remains legally responsible for all aspects of the child or young person’s education and the delivery of their SEN support.

When does AN EOTAS situation arise?

Under s 61 of the Children and Families Act 2014, children and young people may be educated “otherwise than at school or college” if it is “inappropriate” for their SEN provision to be delivered in an educational setting.

In most EOTAS cases, the provision will be delivered at home with the agreement of parents/carers. However, it could also take place in community centres, libraries, and church halls. Ultimately this is a matter for the local authority to decide.

Can Parents/Carers/Young Person express a preference for EOTAS? 

Parents, carers or the young person do not have the right to express a preference for EOTAS in the same way that they can ask for a school placement. EOTAS arises because of the child or young person’s circumstances at a particular time in their education which renders an educational placement inappropriate for them.

What is meant by inappropriate? 

Whether or not it will be inappropriate for a child/young person’s SEN provision to be made in an educational setting will depend an the individual circumstances but might include things like:

  • the child/young person’s background and medical history,
  • the particular educational needs presenting,
  • the facilities that can be provided by an educational setting,
  • the facilities that could be provided other than in an educational setting.
  • the comparative cost of the possible alternatives
  • the child/young person’s reactions to school or elsewhere,
  • the wishes and views of the parent/carer or young person as their parent, and
  • any other particular circumstances that apply.

The decision on whether it is “inappropriate” is for the Local Authority or on appeal, the SEN Tribunal.

EXAMPLES OF EOTAS Situations

  • Where a child has medical needs which make school attendance dangerous for them. For example, a child with an autoimmune disease.
  • Where a child has a recognised medical condition such as Chronic Fatigue Syndrome where they are not physically able to attend an educational setting.
  • Where a child is suffering from severe anxiety which can be linked to attending school and is supported by clear medical evidence.

EXAMPLES OF ARRANGEMENTS NOT CONSIDERED TO BE EOTAS

Where a child remains on the roll of an educational setting and the educational setting arranges a bespoke package of education or alternative provision.

In this type of situation, the child/young person is still treated as “attending” a school/educational setting, even though they may not physically attend in the same way as others.

WHAT TYPE OF EDUCATION IS DELIVERED THROUGH EOTAS

Where a child or young person is going to be provided with EOTAS, this does not mean parents/carers can put in place a “wish list” of provision.

It is for the local authority to arrange suitable education taking into account the child/young person’s needs and the SEN provision that they have been assessed to require to access the national curriculum.

Therefore, depending on the child’s needs the starting point would be to ensure that the child receives 25 hours per week of education. This is the curriculum entitlement for most children, although for Young People this will vary depending on the chosen programme of study. Most full time post 16 courses are 15 hours per week.

Whatever applies, EOTAS would need to encompass the requirements of the National Curriculum or the course being studied. Advice may need to be obtained from professionals as to how the therapeutic components of the EHC Plan would need to be provided and delivered in an EOTAS situation.

Getting the EHC Plan right 

Where it is accepted that a child or young person will need to receive EOTAS,  the SEN provision specified in Section F of the EHC Plan needs to be clearly drafted to reflect an EOTAS arrangement. Most, if not all, EHC Plans will have ben written for a school/college environment. It therefore needs to be completely re-written to ensure that there is clarity over the EOTAS provision which is going to be provided.

When building the EOTAS package the following areas must be considered:

  • Where is the EOTAS provision going to be delivered? The Local Authority is not under any obligation to provide it at home, although this is subject to negotiation with parents/carers.
  • How is the national curriculum going to be delivered?
  • How is the teaching going to be commissioned – online or by direct tuition through a recognised provider?
  • What examination arrangements are going to be made and by whom?
  • How are therapies or specialist teaching going to be provided and by whom?
  • How will socialisation and access to physical activities be managed?
  • What resources will be needed to ensure the delivery of the programme and how will they be commissioned?
  • Are transport arrangements needed to access activities?
  • What arrangements are going to be made to transition the child/young person back into an educational setting?
  • What monitoring/safeguarding arrangements will be put in place to check on the health, safety and well being of the child?

It is important to consider what outcomes are sought through the EOTAS provision and at what point transition to an educational setting will be considered, if at all. It is also important that any providers of the EOTAS programme have the necessary insurance, qualifications and DBS checks in place, whether the programme is commissioned by the local authority or by parents.

Most EOTAS programmes fail because the provision in Section F is not sufficiently described and a mixed, disjointed programme is provided which does little to prepare the child or young person to return to a formal educational setting. It is therefore essential to ensure that Section F is sufficiently drafted to protect the educational entitlement of the child/young person. Disputes only arise because of a lack of precision in the drafting of the EOTAS programme.

CAN I REQUEST A PERSONAL BUDGET TO DELIVER EOTAS?

Yes, a personal budget can be requested from the local authority and the sum of money provided must be sufficient to deliver the requirements of the EOTAS provision specified in Section F of the EHC Plan. This is why it is very important to specify the EOTAS provision in Section F from the outset. The average funding needed to cover the costs of a properly constructed EOTAS package are in the region of £30,000 to £50.000 per annum.  Some programmes may be even higher.

In the authors opinion the personal budget is the perfect mechanism for delivering EOTAS as it puts a parent/carer in control of the commissioning arrangements. Local authorities may encounter delays commissioning services or not be able to secure a provider you are happy with. Therefore, the personal budget gives parents/carers the ability to control the education which is going to be delivered and have direct oversight over those delivering it.

CAN I APPEAL FOR EOTAS?

Yes, you can appeal to the First Tier Tribunal about the contents of Sections B, F and I. This type of appeal will cover disputes in respect of the provision of EOTAS.

EOTAS provision will be specified in Section F of the EHC Plan and where it is ordered Section I will either be left blank or a type of school may be described, depending on the circumstances.

WHAT HAPPENS TO THE ANNUAL REVIEW?

The local authority is still required to arrange an annual review for a child/young person and the EOTAS arrangements can be re-considered at this point.

WHAT ARE THE PITFALLS OF EOTAS?

One of the main problems with EOTAS is that local authorities don’t really manage it very well and don’t control effectively the objectives/outcomes. This may mean that a child/young person loses access to accreditation and professional oversight of their education which a school/college provides.

Capacity/staffing issues within local authorities also mean that there is little monitoring or support for parents/carers. Often safeguarding requirements are overlooked as is the capability of the provider(s) of EOTAS.  Therefore, it is so important that the EHC Plan is drafted correctly to avoid disputes arising and to ensure that a quality education is provided. A child or young person should not have a second rate education because of a failure in drafting. 

In lots of EOTAS cases parents/carers are given a personal budget and essentially come up with their own packages which are not necessarily geared to getting the child/young person back into formal learning or achieving skills or accreditation. The long term impact of EOTAS is unknown and it is therefore essential for parents and carers to be proactive rather than rely on the local authority where it is agreed EOTAS is needed.

“EOTAS is not normally considered a long term solution for a child or young person and therefore it is important that its goals are clearly defined from the outset and that the quality of education is not diluted by virtue of a child or young person being outside a school or college setting”.

Mark Small – Solicitor Advocate