EOTAS, (Education Other than at School) is a bespoke plan of education for a child with SEND (Special Educational Needs and Disabilities). An EOTAS package may be prepared for a child who has tried learning in a school, but for whatever specific reason/s related to their SEND, is unable to continue within a school environment.
EOTAS is bespoke; each package is trimmed to suit one child only, factoring in their background, history, and the specific reasons why traditional schooling was not workable.
What Is EOTAS
Education Otherwise Than at School (EOTAS) was first recognised by Parliament during the preparation of the Children and Families Act 2014. Subsequently, Section 61 of the Act allows alternative educational provision for children and young people, who, due to their needs, cannot attend school.EOTAS is a bespoke package written into section F of a child or young person’s EHCP that cannot be delivered in a school; instead, it can be taught in any appropriate space such as at home, a council building or a library.Developmental website “Learning Disability Today” state that, “According to the Department of Education, there are 8,400 children with EOTAS instead of a school place.”
Does my child require EOTAS?
As section F of an EHCP can only legally be expected to include provision that they require, the appropriateness of EOTAS must be questioned. You yourself do not have to decide, especially as you are probably not an expert, but an awareness of the relevant criteria is helpful.
Criteria For An EOTAS Request
Taken from the case of TM v London Borough of Hounslow [2009] EWCA Civ 859, which states that, to identify whether school is inappropriate, all of the following must be considered:EOTAS exists as a final choice for educating a child or young person, only if they cannot be educated in school.
- The child’s background/medical history
- The child’s particular educational needs
- The facilities that can be provided by a school
- The facilities that could be provided other than in a school
- A cost comparison of your child’s potential various educational choices
- The child’s reaction to education provisions, either at a school or elsewhere
- The parents’ wishes, and
- Any other particular circumstances.
How To Make An EOTAS Request
If, having considered the Hounslow criteria, you think that school probably can’t meet your child’s needs, then your goal will be to secure an EHCP for them which includes EOTAS in section F.If your child has an EHCP, this will require the plan to be modified. If your child doesn’t currently have an EHCP, you will need an EHCP from your LA that includes EOTAS in section F.There is no set or specified way to request EOTAS. However, it is recommended that you obtain evidence which supports your belief that your child needs EOTAS, which will generally come from three sources:We suggest you provide this evidence to the LA, alongside your reasons for EOTAS and, ideally, a proposed package of provision (see below). If they support your case, you can speak with your SENCO regarding the best time to make the request. Other professionals you can ask could be:If your child has an EHCP, it would be sensible to put in a request around the time of their review. This happens annually by law but also can be called early by the LA if requested by the school (which often happens in EOTAS cases, for example when the placement has broken down).
- Your child's school
- The opinion of experts
- The response of schools you have consulted with
- Your child’s Educational Psychologist
- A private tutor
- A lawyer
- IPSEA, (The Independent Provider of Special Education Advice)
- EOTAS Matters (Helps families with the EOTAS process)
- Your local SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service)
What Should a Proposed EOTAS Package Include?
To make your EOTAS proposal stand out to the LA, consider including:The reasons for EOTAS: What are your child’s specific educational/physical/emotional needs that call for EOTAS and why is an EOTAS package necessary?If your child understands, involve them in this part of the process. Their perspective can provide valuable insights, strengthen your child/parent bond and increase their motivation to participate in their education. Their views, wishes and feelings are important (see section 19(a) of the Children and Families Act 2014, and numerous recent cases in the Upper Tribunal that back this up).When your draft request is complete, please have it checked by someone in the know, before submitting it to the LA. This will ensure you have met all the requirements and will give you more confidence in your proposal. You are not alone in this process; help is available from different people.We hope this information is helpful. Remain upbeat and continue to look how far you have come on your EOTAS journey. This blog will be continued next week. In the meantime, there are useful links below to help you with any queries you may have.
- How many hours of tutoring are required?
- What subjects are required? Do they have specific interests?
- What qualifications does the tutor need?
- Where can tuition take place?
- What resources are required?
- Are additional staff needed?
- Do you know the accurate costings of the plan?
- Are there supporting documents? (reports, assessments etc)
What to consider after submitting a request to your LAOnce you have requested EOTAS to your LA, frequently contact them to be aware who is overseeing the request and know when a decision is likely.Just to let you know, if the request is made around an annual review, the LA has 4 weeks following the meeting to decide about changing the EHCP. If the request is made following receipt of a draft EHCP after a needs assessment, the LA still must keep to its required 20-week time schedule from the date of your original request.
What to do next if your request is accepted or not accepted
If your request is turned down, you should receive a right of appeal. To get section F of your child’s EHCP containing an EOTAS package, your options will be to go for mediation with the LA or to exercise your right of appeal. If a LA seems like they might relent on at least part of your request, mediation could be a reasonable option.However, if it appears mediation will not be helpful, it will be necessary to file an appeal with the Special Educational Needs and Disability (SEND) Tribunal, appealing against the contents of sections B, F and I of your child’s EHCP.If your request for EOTAS is accepted, maintain regular communication with the LA to avoid any delay. Aim to get a draft of the package from them as soon as possible and then examine what they are offering (which may differ from what you requested).If you want to secure an EOTAS package without an appeal to a tribunal, you may have to accept a package that is ‘less’ than what you initially requested. It could be helpful to take advice from contacts mentioned above regarding whether their offer is acceptable.Be crystal clear about the adequacy of the offer. Consider:Whilst the LA create your child’s EOTAS package, ask questions at meetings and state your preferences. Always ask for what you want; if you are unsuccessful, at least you have asked and can consider a response.Work with the LA, which includes ‘speaking their language’ (it helps to use a tone in communication that mirrors theirs) and send emails with new information/documents to support your child’s plan.
- Prioritising essentials first: What can your child not do without?
- What are your child’s specific needs/goals, and the type of support?
- Why is EOTAS best for your child?
Requesting help from a specialised lawyer
Seeking legal advice from a professional lawyer can be very advantageous. Douglas Hamer is a specialist SEN lawyer at Geldard’s LLP, with vast experience in securing EOTAS packages. He stipulates the following as essentials: “It is important to be aware of your child's needs. Involve your child if they are old enough. Ensure the EHCP clearly states your child’s SEND details and the support required. Ensure sufficient detail is added that is akin to a medical diagnosis.”It helps to be clear about costings. Douglas adds, “It is good to get working on costings early, and do effective research. The evidence of costs of a proposed EOTAS package should be transparent and resourced, allowing the LA to decide clearly its position on your proposal. If they say ‘no’, this is still usually better than hanging onto the hope that they may agree to a vague set of options, because you can then decide clearly your next move, and won’t be left in limbo (often, a ‘maybe’ results in a ‘no’ with extra weeks/months added).”Be bold! Challenge the LA if necessary. You know your child best. Douglas supports this, adding, “This always applies in SEN but especially so here. Ensure you have clear evidence and realistic expectations. A key piece of advice provided to me by barrister John Friel of 3 Paper Buildings is ‘don’t take no for an answer’.”Douglas reinforces that there are many people that you can reach out to when you have any EOTAS questions, “It is important to build an EOTAS network around you, including parents in the know and professionals who can guide you”Geldards LLP provides a series of podcasts on SEN matters, called ‘SEN Talks’, available on all normal podcast distributors, and you are invited specifically to listen to episode 12, entitled ‘EOTAS’, which Douglas joined alongside his colleagues, Salise and Adam who normally run the podcast. A further EOTAS talk is to be recorded soon, so stay tuned for that.
Remain Optimistic - Have Faith in Your Plan
It may feel like a long process; remain confident you will achieve the best possible plan. You will have worked hard and deserve to feel good about it. You are your child’s advocate and their champion; stay positive throughout!
