How to Request EOTAS for a Child in England

EOTAS is generally considered where the evidence suggests that the special educational provision a child needs could not appropriately be made in a school or post-16 institution. That is a decision about the provision and the setting, not simply about how a child feels about school.

Situations families describe often include repeated placement breakdown, provision that no setting has been able to deliver, or specialist arrangements that only work when they are built around the child. None of these automatically lead to EOTAS. Each is only relevant if it is evidenced and linked to the provision the child needs.

The Government consulted on EOTAS reform. Consultation material is not automatically current law, and should be read as proposals rather than legislation: GOV.UK consultation information (opens in a new tab).

Section 61 sits within the EHCP framework. In practice this means the plan itself usually needs to be accurate first: Section B should describe the child’s needs, Section E the outcomes, and Section F the special educational provision required to meet those needs.

Where the authority maintains a plan, it must secure the special educational provision specified in it under Section 42 (opens in a new tab). If a plan does not reflect the child’s current needs, a review or a reassessment under Section 37 (opens in a new tab) and the SEND Code of Practice (opens in a new tab) may be the first practical step, before any discussion about where provision is delivered.

For more detail on how the sections fit together, read the complete EOTAS guide.

Clear written questions usually help more than a general request. Ask for answers in writing and keep the replies together with the rest of your evidence.

• Is the Local Authority considering Section 61 of the Children and Families Act 2014 in this case?
• Which legal route is being used: Section 61 EOTAS, Section 19, alternative provision, or elective home education?
• What special educational provision does the authority consider my child needs?
• Why does the authority consider that provision could appropriately be made in a school or post-16 institution?
• What adjustments, specialist support and settings have been considered and ruled out, and why?
• What evidence does the authority say is missing, and how can it be provided?
• What exactly would appear in Section F, and who would deliver and monitor it?
• Who is the named decision maker and when will a written decision be given?
• How will the arrangement be reviewed, and how can concerns be raised in the meantime?
• What are the mediation, appeal and complaint routes if I disagree?

Evidence is most useful when it is specific, dated and connected to provision. A statement that a child is struggling carries less weight than a record of what was tried, what happened, and what the child needed instead.

• The child or young person’s own views, wishes and preferences
• Detailed parent or carer observations, dated and specific
• Attendance records and how they have changed over time
• What happens before, during and after attempted attendance
• Emotional, sensory, physical and cognitive impact, including recovery time
• Triggers, barriers and what reduces them
• Reports from the school, SENCO, educational psychology, speech and language therapy, occupational therapy, paediatrics, CAMHS or other professionals
• Adjustments, interventions and settings already tried, with dates
• What helped, what did not help and why
• The impact of reduced timetables, reintegration plans or alternative provision
• Academic progress, gaps and any assessment data
• Strengths, interests and the conditions in which learning does happen
• How each proposed element of provision links to a need and an EHCP outcome
• A clear written explanation of why the necessary provision would be inappropriate in a school or post-16 institution

You do not need perfect evidence before asking for help. Evidence can be built over time, and parental evidence matters, particularly where it is detailed, consistent and supported by other information where that exists.

There is no category of child that qualifies for EOTAS. Two children with the same diagnosis can reach very different outcomes, because the legal question is about the provision each one needs and whether a school or post-16 institution could appropriately deliver it.

This also means a blanket position from an authority, such as “we do not do EOTAS”, does not reflect the legal framework. Equally, another family’s package is not a template for your child.

A request starts a decision-making process. The authority considers the evidence, the plan and the legal test, and then makes a decision that can be agreed, refused or partly agreed. Timescales, consultation and review requirements come from the Children and Families Act 2014 and the SEND Code of Practice (opens in a new tab).

A refusal is not necessarily the end of the process, and a delay can often be addressed separately from the decision itself.

• Ask for the decision and the reasons in writing.
• Check whether the decision carries appeal rights and note the deadline given in the decision letter.
• Ask the Local Authority to identify the evidence it considers missing, and supply it where you can.
• Consider requesting an early or emergency EHCP review, or a reassessment where the plan no longer reflects needs.
• Consider mediation, where it is offered as part of the appeal process.
• Use the Local Authority complaints process for delay or poor handling, separately from any appeal.
• Get independent SEND advice from a SENDIASS service, an adviser or a solicitor experienced in SEND law.

Appeal rights, deadlines and the tribunal process are explained on GOV.UK: appealing a SEND decision (opens in a new tab) and the First-tier Tribunal (Special Educational Needs and Disability) (opens in a new tab). Practical preparation is covered on our Section F and Tribunal preparation page.

Checked on 22 September 2026. Always check the current version before relying on it.

• Children and Families Act 2014, Section 61 (opens in a new tab)
• Children and Families Act 2014, Section 42 (opens in a new tab)
• Children and Families Act 2014, Section 37 (opens in a new tab)
• SEND Code of Practice: 0 to 25 years (opens in a new tab)
• GOV.UK: appealing a decision (opens in a new tab)
• GOV.UK: EOTAS reform consultation information (consultation material, not current law) (opens in a new tab)

This page provides general information about EOTAS in England. It is not legal advice and does not decide whether EOTAS is appropriate for a particular child.