EOTAS Funding: Everything You Need to Know
Charlie Kiley
August 28, 2024
EOTAS Funding: Everything You Need to Know
Every child deserves access to quality education tailored to their unique needs. But what happens when a traditional classroom setting doesn't work for them? In these cases, Education Other Than At School (EOTAS funding) might be the key to unlocking an education more suited to your child's needs.
If your child or young person is struggling to access their current educational setting and you either have an EHCP in place or are in the process of securing one, you may want to consider an EOTAS request to secure EOTAS funding for a provision that isn't a school.
In this article, we will explain EOTAS funding, how it works, the legal protections you have to request it, and some key information to help make your process as smooth as possible.
What is EOTAS?
EOTAS stands for "Education Other Than At School," it's designed for children and young people who, for various reasons, cannot be educated in a traditional school environment. This could be due to a breakdown in their current placement, additional needs, or a requirement for specialised provisions unavailable within conventional schools.
EOTAS can only be agreed upon in conjunction with the Local Authority. This has to be via an EHC needs assessment, a reassessment of needs, or an EHCP annual review.
The law is clear: local authorities must ensure that every child of compulsory school age receives suitable education. This education should align with the child's age and ability and cater to any special educational needs the child may have.
Parliament legislated EOTAS funding in the Children and Families Act 2014 (CFA); section 61 of the Act lays out legal provisions for educating Children and Young People (CYPs), whereby education in any school would be inappropriate. This is known as Education Otherwise Than At School funding, referred to from now on as EOTAS Funding.
Provision for EOTAS is also set out within the SEND Code of Practice paragraph 10.39 - Children with SEN who are in alternative provision:
"Local authorities must make arrangements where, for any reason, a child of compulsory school age would not otherwise receive suitable education. Suitable education means efficient education suitable to a child or young person's age, ability, aptitude, and any SEN they may have. This education must be full-time unless the local authority determines that, for reasons relating to the physical or mental health of the child, a reduced level of education would be in the child's best interests."
EOTAS Funding Guide:
How Does EOTAS Work?
EOTAS allows CYPs with an EHC Plan to continue to access the education they are entitled to, even when a formal educational setting is inappropriate. A CYP with a formal EOTAS arrangement agreed to means they no longer have to be registered in any traditional academic setting.
EOTAS offers different learning methods for children who can't thrive in a traditional school environment. Options include online classes (like Gaia Learning), home tutoring, or therapies like speech and language support.
EOTAS differs from Elective Home Education (EHE), as a formal EOTAS agreement under an EHC Plan means that the Local Authority (LA) continues to remain legally responsible for the CYP's education.
How to Request EOTAS?
To request an EOTAS package, you must have an EHCP in progress or already in place. You can make this request during the EHCP process, a reassessment, or an annual plan review.
The local authority will assess your request, considering your wishes and evaluating whether EOTAS is necessary for your child. They must determine if providing education in a traditional school setting would be inappropriate for your child's needs.
EOTAS Eligibility and the Law
EOTAS eligibility varies depending on your local authority and the formal educational provisions within it. However, the legislation sets out general guiding principles.
To fully understand how this legislation relates to your case, it is essential to understand the parents/guardians' and the Council's responsibilities as legislated.
Parents/guardians or children and young people of compulsory school age have a legal duty under section 7 of the Education Act 1996 to secure suitable full-time education for them, either by regular attendance at school or otherwise. Under section 437 of the Act, "if it appears that a child of compulsory school age is not receiving suitable education, either by regular attendance at school or otherwise, the Council must serve a notice in writing on the parent requiring him/her to satisfy them within the period specified in the notice that the child is receiving such education".
The Council had duties as laid out in multiple pieces of legislation.
Under section 436A of the Education Act 1996: "to identify children who are of compulsory school age but are not registered pupils at a school, and are not receiving suitable education otherwise than at school".
Under section 19(1) of the Education Act 1996: "to make arrangements to ensure that all children of compulsory school age in [location] who, by reason of illness, exclusion or otherwise, would not otherwise receive a suitable education in a school are in receipt of such."
In addition, where a child or young person has an EHCP, under Section 61 of the Children and Families Act 2014, the Council may arrange for any special educational provision to be made otherwise than in school if satisfied that it would be appropriate for the provision to be made in a school. Section 61 states:
61 Special educational provision otherwise than in schools, post-16 institutions etc
(1) A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.
(2) An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.
(3) Before doing so, the authority must consult the child's parent or the young person.
Understanding legislation can be challenging. Fortunately, there is some case law in the form of NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC) that helps us determine how Section 61 might be applied.
Paragraph 47 of the ruling by Upper Tribunal Judge Rowley provides some guidance, which we've included in Appendix A.
You can read the relevant legislation and rulings at the following links:
NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC): https://www.gov.uk/administrative-appeals-tribunal-decisions/nn-v-chesire-east-council-sen-2021-ukut-220-aac
Education Act 1996: https://www.legislation.gov.uk/ukpga/1996/56/contents
Children and Families Act 2014: https://www.legislation.gov.uk/ukpga/2014/6/contents/enacted
EOTAS Application process
The exact process can vary depending on where in the country you are located. Still, there are two core steps to applying for EOTAS:
Your child must have an EHCP in place. If your child still needs an EHCP, you must submit a request for an EHC needs assessment before EOTAS can be considered.
You may now request an EOTAS package; this process will vary depending on whether your child's EHCP is already in place or if you have a draft EHCP.
If you have a draft EHCP, you may request an EOTAS package during this stage.
If the EHCP is already in place, you will need to wait until the EHCP annual review to submit a request for EOTAS (if your child's annual review is not taking place for an extended period, you could submit a request for a reassessment of your child's needs).
When requesting an EOTAS package of support, regardless of which of the above routes is taken, the steps outlined below are an example of what the process may look like (this will vary depending on your location):
The parent/carer requests an EOTAS support package at the appropriate time.
This request will be considered by a multidisciplinary panel with input from health, social care, and educational psychology (usually within 4 weeks). For children and young people known to the social care team, their named social worker will be consulted.
If the request is rejected, the EHCP will be finalised to describe the suitable school. As a parent or carer, you have a legal right to appeal at this stage.
If the request is accepted, your EHCP Officer will liaise with parents and relevant providers to set up the EOTAS package.
The EHCP Officer will then undertake half-term reporting on progress. This ensures that the EOTAS package effectively supports the child's needs (if the EHCP Officer raises concerns at this stage, an early annual review will be called).
Your local authority will arrange the annual review of the child's EHCP, and they will consider whether the EOTAS package is still the most appropriate for the child.
Tip Tips for Navigating EOTAS Funding Smoothly
Stay on roll as long as possible.
Ask the school to start the EHCP process.
Journal the facts, keep a record (use EHCP template)
Start collecting evidence from professionals.
Be confident in knowing your rights.
Refer to the process.
Try alternatives and find what works for your child and your family.
Know your child
What Makes an Educational Setting Inappropriate?
The Local Authority must establish that traditional school provisions are unsuitable for your child. They consider various factors, including your child's background and medical history, specific educational needs, school facilities, etc.
Your EOTAS Questions Answered
Is EOTAS the same as Elective Home Education (EHE)?
EOTAS is not the same as Elective Home Education (EHE). Parents/guardians are able to choose to educate their children from home. If your child has an EHCP, choosing EHE means that the local authority no longer has any legal duty to secure the special educational provision set out in their EHCP. EHE means you are saying that you can make suitable alternative arrangements with no support.
Conversely, EOTAS is when the Local Authority has deemed no formal educational setting appropriate for your child or young people. If your child receives an EOTAS package, the local authority is still legally responsible for ensuring that the child or young person receives an appropriate education.
What makes an educational setting inappropriate?
Receiving an EOTAS support package is only possible if the Local Authority is satisfied that it would be 'inappropriate for the [special educational] provision to be made in a school'.
Case law has stated that all circumstances must be looked at holistically, including the child's background and medical history; the specific educational needs of the child or young person; the available facilities at local schools; the facilities available through means other than a school; the comparative cost of the possible alternatives; the child or young person's reaction to education provisions, either in school or elsewhere; the parent or guardian's wishes, and any other relevant circumstances.
Some reasons that may be considered as demonstrating that the current education is inappropriate for a child or young person include:
Constant or several incidents of exclusion from school
The individual's medical history/ongoing health problems
The school cannot currently meet the needs of the individual.
The facilities that the current school cannot provide
Consideration of facilities that could be used outside of school
Do I Need EOTAS or EHCP?
There is no one answer to this, as each child or young person will be unique. If you believe that your child or young person can have their needs met by their current school but that they are just currently not receiving them, then an EHCP may be enough to support them. If the educational provisions available to them through your Local Authority are inappropriate, then you will want to request an EOTAS package.
However, to receive an EOTAS package, your child or young person must have an EHCP or a draft EHCP.
Do you still have an annual review when you have an EOTAS package?
Yes, if you have an EOTAS package, your child or young person's EHCP will still be reviewed annually. Half-termly reporting will also be required if your child or young person is receiving EOTAS.
What do you do if your EOTAS package is not working?
Issues of EOTAS packages not working are uncommon. When they occur, it is usually due to the incorrect needs being identified at the start of the process.
If issues do occur, it is common for Local Authorities to recommend that your child or young person transition back into mainstream education. This is another reason why identifying the right placement and support needs for your child or young person is essential.
What can an EOTAS package include?
EOTAS packages can include a variety of delivery methods, including but not limited to:
Online Tuition
Home Tuition
Other tuition centres
Therapies such as speech and language therapy, occupational therapy or physiotherapy
What reports do I need for my EOTAS request?
To support your EOTAS request, expert reports will likely be needed from relevant professionals, such as the child or young person's school, educational psychologists, therapists, CAMHS, and other appropriate professionals. These reports should explain the following:
The specific needs that result in the child being unable to attend mainstream school, leaving no other suitable options
Quantified recommendations as to the provision that is needed
A proposed timetable or provision plan, including details of what the week will look like, who will do what, where and when, how many hours each person will be involved, where it is proposed the provision will be delivered, what programs or qualifications will be undertaken, and who will be involved in providing the program together with details of their qualifications
Whether any particular equipment will be needed
If therapies will be needed, set out what therapies are required.
Short and long-term outcomes of the provision
The costs of the provision
The views of the parents, child or young person
What must an EHCP include?
Your Local Authority can alter the format of an EHCP, but it must include the following sections:
Section A The views, interests and aspirations of the child or young person and their parents/carers.
Section B The child or young person's special educational needs.
Section C The health needs related to the child or young person's SEND.
Section D The social care needs to be related to the child or young person's SEND.
Section E The desired outcomes for the child or young person, including short-term targets and desired outcomes for adult life.
Section F The special educational provision required by the child or the young person.
Section G Details any health provision required by the child or young person concerning their SEND needs.
Section H1 Any social care provision must be made for a child or young person under 18, resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970.
Section H2 Any other social care provision is required due to the child or young person's SEND needs. This includes any adult social care provision provided to meet a young person's eligible needs under the Care Act 2014.
Section I The name and type of the school maintained nursery school, post-16 institution or other institution to be attended by the child or young person.
Section J Where applicable, the details of how the child or young person's budget will be used to support the attainment of the desired outcomes.
Section K The advice and information gathered during the EHCP needs assessment must be attached as appendices.
More information on EOTAS
We want to help families navigate the complexities of getting the right support. If you want more information on applying for EOTAS funding, we've put together this free course.
If you have questions or need assistance, please don't hesitate to contact us.
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