EOTAS (Education Other Than At School)

What is EOTAS?

Education Other than at School means all forms of education that take place outside the formal school environment and meet the specific needs of children who cannot attend a mainstream or special school.

Section 19 of the Education Act 1996 places a duty on LAs to make suitable alternative education for children of statutory school age who cannot attend school because of illness, exclusion, or other reasons.

EOTAS is made possible through section 61 of the Children and Families Act 2014. It allows for the Local Authority to have the power to consent to a child with social, emotional, behavioural, medical, or other issues who, without its provision, cannot access suitable education. 

If it can be shown that it is not reasonably practicable for the child to attend, then the LA's duty to provide suitable alternative education arises. 

Section I of an EHC plan cannot name 'Education Other than at School'; this is covered in Section F of the EHC plan, which should detail in full the entire package of education being provided to the child or young person.

Preparing for an EOTAS argument

The following will need to be considered when making an argument:

1. You will need to be an accountant.
2. You will need a full costed provision map including courses/books/equipment.
3. You will need to consider what amount of tutoring.
4. You will need to consider what external activities will be accessed.
5. You will need a proposed timetable.
6. You will need a statement describing your educational philosophy and the practical arrangements for implementing it.
7. You will need evidence of the qualifications or experience that you have to educate your children.
8. You will need reports by educational professionals who have visited the home/ EOTAS and formed the opinion that the child is being suitably educated there.
9. You will need reports by tutors, family members, friends, or others who have been (or will be) involved in your child's education, describing their role.
10. You will need samples of work produced by your child while being EOTAS.

What can we do?

If your child has an EHC Plan and the school placement is at risk of a breakdown, or if there are no schools that can be named in Section I of the EHCP that can meet the child's needs, an EOTAS package may be required. The Local Authority will have a duty to fund the provisions of the EOTAS Package. Therefore, we can help parents obtain the required amount of funding from the Local Authority to pay for the EOTAS package and help create a personal budget for their child. 

What are some examples of what is included in an EOTAS budget?

1. Online schooling 
2. Home tuition 
3. Other tuition centres 
4. Hospital schooling
5. Speech and Language Therapy 
6. Hygiene Relationship Tutor 
7. Occupational Therapist Assessment 
8. Educational Trips 
9. Equipment Budget 
10. Dyslexia Support Tutor

Contact our education law solicitors in Bristol, Bath, Hereford and Evesham

For specialised legal advice and guidance, please get in touch with our friendly and professional solicitors.

We have offices in Bristol (Southville and Fishponds), Bath, Hereford and Evesham, as well as working with clients across the rest of the UK and internationally. To discuss your case in more detail, please call us on 0117 939 0350 or email info@watkinssolicitors.co.uk.