EOTAS: Education Otherwise Than at School – A Complete Guide for Parents

“Education otherwise than at school” describes necessary special educational provision arranged outside a school, post-16 institution or relevant early years setting under Section 61. It may be delivered at home, in community spaces, through specialist providers or through a mixture of suitable places.

Location alone does not make provision EOTAS. Teaching at home could be elective home education, temporary alternative provision or part of a Section 61 arrangement. The legal question under Section 61 is whether it would be inappropriate for the necessary special educational provision to be made in a school, post-16 institution or relevant early years setting.

EOTAS is not restricted to a particular diagnosis. The decision must focus on the individual child or young person’s needs, barriers and evidence. Where special educational provision is specified in an EHCP, Section 42 places the duty to secure it on the local authority.

No. These arrangements have different legal foundations and responsibilities.

EOTAS under Section 61 is not normally a standalone replacement for an EHCP. An EHCP should describe the child or young person’s special educational needs, outcomes and special educational provision. Section 37 sets out the duty to prepare and maintain an EHC plan following the relevant assessment and decision.

• Section B records the identified special educational needs.
• Section E records the outcomes sought.
• Section F should specify the special educational provision required.
• Section I needs careful consideration when no school or post-16 institution is to be named.

The plan should make clear why the necessary provision cannot appropriately be made in a school or post-16 institution. There is no single compulsory template or wording for every EOTAS plan: the final content must reflect the individual case, the statutory framework and case-specific advice where necessary.

There is no standard EOTAS package. It must be built from the assessed needs and outcomes in the individual EHCP. Depending on the evidence, possible examples might include:

• Specialist tutoring or individual teaching
• Small-group learning
• Therapeutic or specialist educational programmes
• Speech and language therapy where it is special educational provision
• Occupational therapy where it is special educational provision
• Specialist teaching for sensory, physical, communication or learning needs
• Educational support in the home or community
• Structured outdoor or vocational learning where educationally appropriate
• Specialist equipment
• Support with communication, regulation, access and participation
• Travel or support arrangements where necessary to access the specified education

These are examples, not automatic entitlements. Health or social care provision must not simply be placed in Section F unless it is properly considered to be special educational provision. Provision that is health or social care provision should be recorded in the correct EHCP section. The SEND Code of Practice explains the statutory EHCP framework and sections.

Section F should be specific and clear enough for everyone to understand what must be delivered. Where relevant, it should identify:

• What support will be provided
• How often it will be provided
• How long each session will last
• Who will provide it
• The level of expertise or qualifications required
• The group size or staffing ratio
• Where it will take place
• What resources or equipment are needed
• How it links to identified needs and outcomes
• How progress will be monitored and reviewed

This example illustrates specificity; it is not model legal wording for every child. Do not copy hours, qualifications or delivery arrangements unless the evidence supports them. Section F matters because Section 42 requires the local authority to secure the special educational provision specified in the EHCP.

Useful evidence connects what is happening to the effect on education and the provision needed. It can include:

• The child or young person’s own views and preferences
• The parent or carer’s detailed observations
• Attendance patterns and changes over time
• What happens before, during and after attempted attendance
• Emotional, sensory, physical and cognitive impact
• Triggers and barriers
• Risk, distress, shutdown, masking or recovery time, where relevant
• Reports from school, the SENCO, educational psychology, occupational therapy, speech and language therapy, paediatrics, CAMHS or other relevant professionals
• Previous support and reasonable adjustments that have been tried
• What helped, what did not help and why
• The impact of reduced timetables, reintegration attempts or alternative provision
• Academic progress and gaps
• Strengths, interests and preferred learning conditions
• The provision needed to achieve the EHCP outcomes
• Why the necessary provision cannot appropriately be delivered in a school or post-16 setting
• A proposed package linked to identified needs and outcomes

A simple evidence table

Parents do not need perfect evidence before asking for help. Evidence can be built over time. Parental evidence is relevant, especially when it is specific, consistent and supported by other available information.

• A punishment for school non-attendance
• A reward for refusing school
• The same as elective home education
• Automatically available because a child has SEND
• Automatically available because a child has EBSA or anxiety
• A way for a local authority to avoid specifying provision
• A package made up of vague promises
• A substitute for assessing the child’s actual needs

A local authority must consider the individual evidence and the legal framework. A blanket policy such as “we do not do EOTAS” would not answer the individual statutory question in Section 61.

• Is the local authority considering Section 61 of the Children and Families Act 2014?
• What evidence does the authority say is missing?
• Why does the authority consider education in a school or post-16 institution appropriate?
• What reasonable adjustments and specialist support have been considered?
• How does the proposed provision meet each identified need and outcome?
• What exactly would be included in Section F?
• Who would arrange and monitor the provision?
• How would the provision be reviewed?
• Which legal route is being used: Section 61 EOTAS, Section 19, alternative provision or elective home education?
• What is the appeal or disagreement route if the parent does not agree?

1. 1Read the current EHCP carefully.
2. 2Highlight the needs in Section B and outcomes in Section E.
3. 3Check whether Section F clearly describes the provision required.
4. 4Record what has been tried and the impact.
5. 5Gather the child’s and parent’s views.
6. 6Ask the school and local authority for a written explanation of the provision being considered.
7. 7Ask the local authority to explain whether it is considering Section 61.
8. 8Request an EHCP review or reassessment where the current plan does not reflect the child’s needs.
9. 9Obtain independent SEND advice if the disagreement continues.

Asking the local authority to consider EOTAS does not force it to agree to a Section 61 arrangement. Its decision must be made on the individual evidence and legal test.

Depending on the circumstances, parents may be supported by:

• A SEND Information, Advice and Support Service
• An independent SEND advocate
• An educational psychologist or other relevant professional
• A specialist teacher
• A solicitor or representative experienced in SEND law
• A parent-led evidence and EHCP support service

No single type of professional has exclusive authority to write an EOTAS request or plan. The strength of a request comes from the evidence, sound legal reasoning and the links between needs, provision and outcomes.

• Children and Families Act 2014, Section 61 — special educational provision otherwise than in schools and post-16 institutions.
• Children and Families Act 2014, Section 42 — duty to secure special educational provision in an EHCP.
• Children and Families Act 2014, Section 37 — education, health and care plans.
• SEND Code of Practice: 0 to 25 years — statutory guidance for the SEND system in England.
• Education Act 1996, Section 19 — the distinct duty concerning suitable education for certain children who would otherwise not receive it.