In order for an EOTAS package to be agreed and Education Health and Care plan needs to be in place.
You can find out more about this on our EHCP page
The EHCP Team can be contacted on 01484 456888 or EHCP.Team@kirklees.gov.uk
EOTAS - Education other than at school
EOTAS (Education other than at school)
This refers to when a young person is not on a school roll and has an alternative (EOTAS) package in place, paid for by the Local Authority.
The SEND Code of Practice at para 10.39 states that ‘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 and aptitude and to any SEN he or she 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’
Any EOTAS package must be recommended through a Professionals Meeting / Annual Review and be agreed by parents / carers and agreed by an EHCP Team Service Manager. This may be following a direct request for consideration made by a parent or carer. EOTAS is not the same as elective home education (EHE).
Education other than at school (EOTAS) means it would be “inappropriate for the EHCP provision to be made in any school or post 16 institution”, therefore the education or special educational provision of children or young people put in place outside of a registered school / education setting.
It can only be agreed in conjunction with the Local Authority via an EHC needs assessment, a reassessment of needs or at the EHCP annual review. It means the child or young person would not be on roll at a school or post 16 institution and the special educational provision is provided through a bespoke and personalised package which may be delivered in the home or in an alternative setting, or range of settings.
EOTAS Legal Test
The legal test for the Local Authority to consider when a parent or young person makes a request for an EOTAS package is as follows: Section 61 Children & Families Act 2014
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. Before doing so, the authority must consult the child’s parents or the young person.
3) The Local Authority must therefore be satisfied that it would be inappropriate for the provision to be made in an educational setting such as a school or post 16 institution.
The Local Authority has responsibility for the safeguarding of these young people and ensuring that the package provided is meeting need. These or any other provision, which educates or trains a child or young person should be treated as special educational provision and detailed in Section F of the EHCP and it is then the duty of the LA to secure and fund the provision.
en-GBLast updated: 22/08/2024