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

The Local Authority has a duty to consider providing support when it becomes aware that a child of compulsory school age is not receiving a suitable education.

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.

The Department for Education Arranging Education for Children who cannot attend school because of health needs states

There is no absolute legal deadline by which local authorities must start to arrange education for children with additional health needs. However, as soon as it is clear that a child will be away from school for 15 days or more because of their health needs, the local authority should arrange suitable alternative provision. The 15 days may be consecutive or over the course of a school year.

Parents, schools and other professionals may make a request for Section 19 support. You can ask your school to make a referral to the Education Access Service for support.  

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. Ipsea also provide a template letter for parents wishing to request for alternative provision Getting temporary education put in place, Template letter 22: asking the local authority to arrange alternative education (IPSEA).

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 

A school can fund and commission its own alternative provision for a pupil, provided the placement is suitable, safe and in line with the relevant legal requirements.  Schools do this regularly as part of off-site direction arrangements or early intervention to prevent exclusion. This is an internal educational choice, not a statutory duty under Section 19 of the Education Act 1996.

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. 

Elective Home Education 

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' 

You can contact Education Access directly to challenge their decision; however, there is no formal appeal process. If you disagree with the outcome, you can provide any additional supporting evidence and ask Education Access to reconsider the referral.

You may also request a written explanation of the decision, including the reasons for the refusal, the evidence that was considered and whether Essex County Council accepts that your child is currently not receiving a suitable education. Understanding the basis for the decision can help identify the most appropriate next steps.

The local authority has a duty to arrange suitable education for a child of compulsory school age who is unable to access education due to:

• illness;
• exclusion; or
• other circumstances that prevent them from receiving a suitable education.

This duty is not restricted to physical health conditions and may also apply where a child is unable to attend school due to mental health difficulties or other factors that mean they are not receiving suitable education.

If you wish to challenge the refusal, you can submit further evidence and request that the decision is reviewed by a senior officer. If you remain dissatisfied, you may consider making a formal complaint through Essex County Council's complaints procedure.

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.