EOTAS (Education Otherwise than at school) Section 19 EA

Section 19 of the Education Act 1996 outlines the legal duty for the local authority to secure suitable, full-time alternative education or otherwise than at school (EOTAS) for those children of compulsory school age who, by reason of :-

• illness is preventing them from being able to attend school
• they have been permanently excluded from school or otherwise, or
• may not for any period receive suitable education unless such arrangements are made for them

If a pupil is unable to sustain regular school attendance for reasons relating to an ongoing physical or mental health need, or other circumstances beyond parental control, a Section 19 referral should be considered. Parents, schools and other professionals may make a request for Section 19 support. As part of the triage process, schools will be expected to demonstrate that they have made all the necessary reasonable adjustments and have involved the appropriate services or professionals for advice and guidance, such as:

• Have the school considered if the pupil has SEND needs and if they require SEND support?
• If SEND needs have been identified, One Planning or Pastoral Support Plan should be in place and regularly reviewed.
• The local authority provide training and resources to help school manage attendance effectively.  The 'Let's Talk We Miss You Toolkit' should be followed and reasonable adjustment considered. 
• A reduced timetable can be implemented, if in the child's best interest.
• The school can reach out to  Local Authority Professionals for advice and guidance on managing attendance, such as Inclusion Partners or Engagement Facilitators 
• School can liaise with their quadrant Attendance Specialist Team for resources, training, advice and guidance.  
• Supporting evidence is generally needed for the referral to be made, from the GP or involved health professional, outlining that your child’s medical need is preventing them from accessing their mainstream school and giving details of how they may be able to access education, e.g. online or in small group settings. 
• If the school are recording the absence as 'unauthorised', the referral may not proceed to Education Access.   If the school are recording the absence as unauthorised they will need to seek advice from the Attendance Specialist Team on how they are recording medical absences. 

The Local Authority will engage with families throughout the Section 19 process and will confirm, in writing, the outcome of the referral. If the Section 19 referral is agreed, the Local Authority will work in partnership with families, schools and professionals to determine what is the most appropriate support.

In the first instance, you should speak to your child's school and discuss options with all professionals involved.  You can discuss the option of alternative provision and take a look through the Essex Alternative Education Directory 

We encourage you to talk through all the options with the school and the professionals supporting your child. If these conversations do not resolve things, parents can contact the Local Authority directly at section19@essex.gov.uk.  

If you have contacted the local authority directly but experience any difficulties with your request, IPSEA provide a template letter for parents to request alternative provision Getting temporary education put in place

You can read more about Alternative Provision

If a Section 19 referral is accepted, the local authority will listen to parents views but the local authority's duty is to provide what they deem to be 'suitable' provision and they will ultimately determine the provision that will be offered. 

If parents refuse the provision offered, this may lead to the Section 19 referral closing and the case being referred back to the school to discuss alternative options.

If your child is not on a school roll, the local authority may then apply for a School Attendance Order under section 437(3) Education Act 1996.  The order will require the child’s parents to register the child at a named school. Failure to comply with a School Attendance Order amounts to an offence which the parent can be prosecuted for.

EOTAS (Education other than at school) under Section 19 of the Education Act is usually short term and temporary. 

Section 19 of the Education Act 1996 outlines the legal duty for the local authority to secure suitable, full-time alternative education or otherwise than at school (EOTAS) for those children of compulsory school age who, by reason of :-

• illness is preventing them from being able to attend school
• they have been permanently excluded from school or otherwise, or
• may not for any period receive suitable education unless such arrangements are made for them

EOTIS (Education other than in school) under section 61 of the Children and Families Act 2014. is provision described in an EHC plan.  If your child or young person has an EHC plan and the education setting is not appropriate and you have not chosen to home educate them, the local authority can arrange for the educational provision to be delivered somewhere else and this will be described in Section F of the the EHC plan.  The LA would then be responsible for continuing to secure and fund that provision. 

This is know as  EOTIS (Education otherwise than in school) and should not be confused with EOTAS (education otherwise at school) which is temporary alternative provision. 

Find out more about EOTIS (Education otherwise in school/college)

No, Local authorities have a discretionary power (not a duty) to arrange education provision, where not already available, for pupils aged 16-18.

Yes, but only if the child is of compulsory school age and who, by reason of :-

• illness is preventing them from being able to attend school

• they have been permanently excluded from school or otherwise, or

• may not for any period receive suitable education unless such arrangements are made for them

Supporting evidence must be provided to show that your child meets the Section 19 duty for the local authority to arrange alternative provision. 

Parents can contact the Local Authority directly at section19@essex.gov.uk. 

IPSEA provide further information on What support should the LA give me if my child is out of school for any reason?

IPSEA also provides a template letter for parents wishing to request for alternative provision Getting temporary education put in place.

You can read more on the definition of Section 19 'Otherwise' 

If your child or young person has an EHC plan and the education setting is not appropriate and you have not chosen to home educate them, the local authority can arrange for the educational provision to be delivered somewhere else and this will be described in Section F of the the EHC plan.  

The LA would then be responsible for continuing to secure and fund that provision. This is called EOTIS (Education Other than in School/College

The law says :-Section 61 of the Children & Families Act 

(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 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 parents or the young person.