SEN update: Education other than at school (EOTAS)

SEN update: Education other than at school (EOTAS)

With significant numbers of children and young people (particularly those with SEN) struggling to attend school on a regular basis, we are increasingly asked to advise on issues relating to ‘education otherwise than in school’.

What is EOTAS?

EOTAS, or education otherwise than at school, is a type of special educational provision arranged by a local authority for a child or young person with special educational needs (SEN). As the name suggests, it takes place somewhere other than in a school. 

What is the legal position?

EOTAS should not be confused with elective home education (where the parents take on responsibility for educating their child) or arrangements made by a local authority under section 19 of the Education Act 1996 (for example, due to illness or exclusion). EOTAS is long-term special educational provision and as such must be documented in the child/young person’s EHC (Education, Health and Care) plan. 

How is EOTAS arranged?

Often, requests for EOTAS are made by parents seeking an alternative to a school placement. Legally, however, the starting point is to determine what special educational provision, rather than what placement, is required. In cases where EOTAS is under consideration, this will involve deciding whether the requirements of section 61 of the Children and Families Act are met. The key requirement is that EOTAS must be necessary.

For EOTAS to be considered necessary, it must be inappropriate for the special educational provision to be delivered in any school, not just a particular school (within the bounds of reason, a school 100 miles away that could deliver the provision does not count). 

Determining this will come down to the particular circumstances of the child or young person, but relevant factors will include their background and medical history, educational needs, the facilities that could be provided in a school vs those that could be provided elsewhere, cost, and any other relevant circumstances. 

The local authority must consult with parents before making a decision that EOTAS is suitable.

How should EOTAS be documented in an EHC plan?

If it is decided that EOTAS is necessary, although section 61 is phrased as though there is some discretion, the local authority effectively has a duty to specify EOTAS in section F of the child/young person’s EHC plan. Section I (placement) must be left blank (except in cases where there will be part-time attendance at a school – see FAQ below for more on this). 

FAQs: 

Q: Is a pupil with school anxiety likely to be eligible for EOTAS? 

A:Severe school anxiety is a factor to be taken into account when assessing whether a child is medically unfit to attend a school and whether it is therefore inappropriate for that child’s provision to be made at a school. But decisions will always be taken on a case-by-case basis.

Q: Can EOTAS be part-time?

A: Yes – it is quite rare but might arise, for example, where a specific type of therapy cannot take place in a school, or where a pupil can only manage half days at school. Where EOTAS is part-time, the child/young person will also be enrolled at a school, whereas in the more common full-time EOTAS arrangement, the child/young person should not be on a school roll.

Q: If a child is attending alternative provision (AP) does that constitute EOTAS? 

A: No – AP is a form of temporary education arranged by local authorities or schools, often for behaviour/disciplinary reasons. AP institutions such as pupil referral units and AP Academies are ‘schools’ for the purposes of section 61 of the Children and Families Act. 

Q: A child with an EHC plan on our roll has had a serious illness and is likely to be off school due to treatment for two terms, is EOTAS suitable? 

A: It is unlikely that EOTAS would be suitable, as new arrangements will only be temporary. In such circumstances, when the child is of compulsory school age, the local authority’s section 19 duty to make suitable arrangements for their education will be engaged, and an arrangement such as attendance at a hospital school may be put in place.