Education other than at school (EOTAS)
EOTAS (Education Otherwise Than at School) is when a child receives their education somewhere other than a traditional school. This can happen when no school available that can meet the pupils need. EOTAS can include online learning, home tuition, tuition centres, hospital teaching, or therapies that support learning.
What the law says
Parents must make sure their child receives a suitable education, whether at school or elsewhere. Local authorities (LAs) must provide education for children who cannot attend school for reasons such as illness, exclusion, or emotional needs — even if there is no medical evidence. This support is often short term.
For children with an Education, Health and Care Plan (EHCP), the LA can arrange EOTAS if school is considered inappropriate. Section F of the EHCP must clearly describe all the provision, and parents can request a personal budget to manage some of it themselves.
When might school be “inappropriate”?
The LA must look at the child’s needs, medical history, how they cope in school, what support is available, and parents’ views.
Key points
Your child has a right to suitable education. EOTAS can be temporary or long term. If your child’s needs aren’t being met, you can ask the LA for an EHC needs assessment.
What are some examples of EOTAS?
• Online schooling
• Home tuition
• Other tuition centres
• Hospital schooling
It is also worth remembering that anything which educates or trains a child or young person is to be treated as special educational provision. For a young person, such as education or training could take place in a non-educational setting.
The Children and Families Act 2014
Section 61 of the CAFA confirms that if it deems it inappropriate for a child or young person to have special education provision made for them in a school or other educational setting, then the LA can arrange for that special educational provision to be made for them “otherwise than in such a setting.” It can only be done in consultation with the parents or young person if it is satisfied that it would be inappropriate for the provision to be made at a school, also for post 16 or early years setting.
What makes an educational setting “inappropriate”?
This has been considered in the case of TM v London Borough of Hounslow, which confirmed that the full effect of the word “inappropriate” must be considered, and that the LA must determine whether a school setting would “not be suitable” or
“Not be proper.” The CAFA 204 does not define inappropriate, but 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 SEN. 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 These circumstances might include, without giving any exhaustive list, (which must depend on the facts of the case) consideration of the following matters:
• the child’s background and medical history
• the educational needs of the child
• the facilities that can be provided by a school
• the facilities that could be provided other than in a school
• the comparative cost of the possible alternatives to the child’s educational provisions
• the child’s reaction to education provisions, either at a school or elsewhere
• the parents’ wishes
The LA would have to consider all the circumstances.
If a child or young person has an EHCP:
It is essential that Section F (the provision for the child or young person) of the
EHCP specifies the package which will be delivered.
There remains a lack of clarity over what is to be specified in Section I (the setting).
This is because the Children and Families Act 2014 states that the LA must specify the name of the school or other institute the child or young person will attend (or the type of school or institute to be attended).
As a result of this, parents/young people will need to argue that the reference to EOTAS should be specified in section F as well as what the package contains and leave Section I being left blank. However, a parent or young person may request a personal budget and a 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.
Where the reason for the need for EOTAS is straightforward and short term e.g. a broken leg or a planned operation then there is nothing to suggest that the EHCP needs amending or reviewing as it is likely that the young person will be back in school before the process is complete.
Does EOTAS apply to children and young people who do not have EHCPs?
If a child or young person with SEN (but without an EHC plan) is home educated, the LA does not have any duties to provide special educational provision.
The Code states, however, that LAs should fund the SEN needs of home-educated children where it is appropriate to do so (paragraph 10.30).
This is an opportunity to fully identify all the child or young person’s needs and work out what educational support they may need. It may be that, with the right support,
the child or young person can continue in their educational placement. Alternatively, they may require special educational provision which could be provided other than at school. If a child or young person is in a situation where their school or college placement is in danger or breakdown, or is unsuitable, it may be worth asking the LA for an EHC needs assessment.