EOTIS (Education Other than in School/College)

Firstly, you will need to be in the process of getting an EHCP or already have one in place. You can then request an EOTIS/C package as part of the initial EHC process, ask for one within a reassessment of an EHCP or ask for this at an annual review of the plan.

The request should be considered in conjunction with the parent or carer, the young person if appropriate and the Local Authority. The Local Authority must consider your parental wishes but importantly will need to establish whether the evidence that EOTIS/C is necessary has been established.

The legal test for the Local Authority to consider when a parent or young person makes a request for an EOTIS/C package is as follows:
 

Section 61 CAFA 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 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. 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

• Online schooling
• Home tuition
• Other tuition centres
• Hospital schooling

It is also worth remembering that anything which educates or trains a child or young person is to be treated as special educational provision. For a young person in particular, such education or training could take place in a non-educational setting.

You can read the Essex local authority Alternative provision directory

 This has been considered in the case of TM v London Borough of Hounslow, which confirmed that the full effect of the word ‘inappropriate’ must be considered, and that the LA must determine whether a school setting would ‘not be suitable’ or ‘not be proper’.

 The LA would have to take into account all the circumstances:

 These circumstances might include, without giving any exhaustive list, (which must depend on the facts of the case) consideration of the following matters:

• the child’s background and medical history
• the particular educational needs of the child
• the facilities that can be provided by a school
• the facilities that could be provided other than in a school
• the comparative cost of the possible alternatives to the child’s educational provisions
• the child’s reaction to education provisions, either at a school or elsewhere
• the parents’ wishes

 It is essential that Section F (the provision for the child or young person) of the EHCP specifies the  EOTIS/C package which will be delivered.

The local authority will not name an ‘appropriate’ school or a type of school in Section I where it has been decided a child should have education otherwise than in school/college (EOTIS) because it has already been decided that it would be inappropriate for the provision in the EHCP to be made at a school/college. (The home address of the child or young person would also not be included in Section I). 

Parents/young people will need to argue that the reference to EOTIS/C should be specified in section F as well as what the package contains. 

They must decide that it is necessary to make special educational provision that is not in a school, post-16 institution (such as a college), or an early years setting.

1. They do this if they are satisfied that a school, post-16 institution, or early years setting would be inappropriate for the child or young person.
2. The LA must consult with the parent or young person.

To support your EOTIS/C request, you will need to evidence that any nursery, school or college would be inappropriate, not just the setting which the local authority have suggested.

Evidence could include school reports, expert reports (for example from an educational psychologist, therapists, CAMHS and other appropriate professionals), your child or young person’s views and any evidence you have which shows the reason your child cannot attend any school.

These reports should explain the following:

• the child's background and medical needs

• The specific needs that result in the child being unable to attend mainstream school, leaving no other suitable options

• Quantified recommendations as to the provision that is needed ( the facilities that could be provided other than in a school)

• the comparative cost of the possible alternatives to the child’s educational provisions

• A proposed timetable or provision plan, including details of what the week will look like, who will do what, where and when, how many hours each person will be involved, where it is proposed the provision will be delivered, what programs or qualifications will be undertaken, and who will be involved in providing the program together with details of their qualifications

• Whether any particular equipment will be needed

• If therapies will be needed, set out what therapies are required.

• Short and long-term outcomes of the provision

• the child’s reaction to education provisions, either at a school or elsewhere

•  the parents’ wishes

Yes, an annual review must take place yearly and should be completed within 12 months of the  initial EHC plan being finalised or within 12 months of the previous review. There is the same duty on the Local Authorities to conduct an annual review when a child is educated otherwise than at school.

All timescales and obligations will remain the same throughout the annual review process however, the Local Authority may want to see ongoing evidence that it is still inappropriate for your child to be educated in an educational setting so you may wish to consider this evidence before the annual review takes place.

Where agreed, the local authority can:

• fund EOTIS by payments to providers
• or parents/carers can request a Personal Budget to fund some or all of the package through Direct Payments

You can read more about Personal Budgets and Direct Payments

Parents can choose to educate their children from home, this means that they make their own arrangements for their child’s education.

If a child has an Education Health and Care plan (EHCP) and you choose to electively home educate, the local authority no longer has a legal duty to secure any special educational provision set out in the EHC plan, because you are deemed to be making your own suitable alternative arrangements.

If, however, the local authority (LA) deems school or college to be inappropriate for your child or young person, the LA can arrange for your child’s special educational provision to be delivered somewhere other than in a school, college or early years setting. This is often known as ‘education otherwise than in school or college’ (EOTIS/C). The LA would then be responsible for continuing to secure and fund that provision.

You will have the right of appeal in the following circumstances that may apply here:

1. A final plan is issued after the initial EHC needs assessment
2. A final amended EHCP after an annual review has been issued
3. A final amended EHCP is issued after reassessment.
4. A refusal to reassess
5. A refusal to amend an EHCP after annual review
6. Appealing against a plan being ceased.

If you are appealing based on situation 1,2 or 3 above, then you could directly appeal against the content and placement of the EHCP this being Sections B (needs), F (provision) and I (placement). The onus would be on you as a parent to provide evidence that it would be inappropriate for your
child to attend an educational setting.

If appealing in the situations 4-5,6  you would firstly need to appeal the refusal to reassess or amend and then this would give rise to an appeal against content and placement once an amended EHCP is issued if still not agreed at this stage.

Section F of a child or young person’s EHCP must specify the provision which will be delivered. Parent carers or young people will need to ensure that reference to EOTIS/C is specified in this section.

If an EOTIS/C package is agreed then case law has determined that Section I of the plan should be left blank, your child will not be on roll at a formal educational setting and the provision in regards to the EOTIS package should be set out in Section F of the EHCP. The provision required should be specific and quantify the provision that is to be provided.

Case law:-

Derbyshire CC v EM and DM (SEN) [2019] UKUT 240 (AAC): Where a child or young person requires fulltime ‘education otherwise than in school’ (EOTAS) at home, the special educational provision should be set out in Section F and Section I should be left blank, as there is no setting to be attended.

East Sussex County Council v TW [2016] UKUT 528: Section I of an EHC plan must name a place ‘to be attended’ by a child or young person – therefore it cannot be the child or young person’s home. This has implications for children and young people educated otherwise than at a setting.