The legal basis for EOTAS
Section 61 of the Children and Families Act 2014 provides that the local authority may arrange for any special educational provision in a child's EHCP to be made otherwise than in a school or post-16 institution where the local authority is satisfied that it would be inappropriate for the provision (or any part of it) to be made in such a setting.
The SEND Code of Practice (paragraph 9.131) confirms EOTAS as a legitimate option and notes that local authorities should consider EOTAS where the evidence shows that school provision would be inappropriate. There is no minimum or maximum age for EOTAS — it can be specified for children at any age including post-16.
EOTAS is distinct from elective home education (parent-led under section 7 of the Education Act 1996) — under EOTAS, the local authority arranges and funds the provision; the parent is not the educator. The child retains all EHCP rights including annual review, amendment, and Tribunal appeal.
When EOTAS is appropriate
EOTAS is appropriate where, after careful consideration of the child's needs and what schools can offer, no school placement is suitable. The section 61 test requires evidence that school would be 'inappropriate' — a high bar but one that many children's circumstances clearly meet:
- Severe anxiety / EBSA where multiple placements have failed despite reasonable adaptation
- Complex medical needs requiring specialist environment unavailable in schools
- PDA profiles where school environments cannot manage demand and adapt
- Profound mental health needs requiring therapeutic-led approach incompatible with school setting
- Sensory needs that cannot be accommodated in any school environment
- Autism profiles with extreme demand intolerance and sensory dysregulation
- Trauma-related needs requiring intensive therapeutic input alongside education
- Failed transitions to multiple settings demonstrating school is not viable
What an EOTAS package typically includes
Specialist 1:1 tutoring
Typically 10-25 hours per week of qualified teacher input. Subjects matched to child's profile. Often covering core curriculum (maths, English, sciences) plus areas of interest.
Online learning platform
Wraparound online curriculum (e.g. Interhigh, Wolsey Hall, EdPlace) for breadth beyond what tutors can deliver. Specified hours per week.
Therapeutic input
Counselling, psychotherapy, OT sensory work, SALT social communication work — quantified per week with named professionals.
Social opportunities
Small group activities, special interest clubs, supervised peer engagement, often through specialist providers. Specified frequency.
Life skills and PHSE
Independent living skills, road safety, money skills, online safety, healthy relationships — important particularly for older children and post-16.
Physical activity
Swimming, riding, sport, outdoor education. Critical for wellbeing and motor development.
Forest school / outdoor education
Increasingly common element — sensory regulation benefits and engagement for many neurodivergent children.
Coordination and review
Named coordinator (often local authority case worker or independent specialist), termly reviews, parent–local authority communication structure.
How to argue for EOTAS in your EHCP
- 1
Document why school is not appropriate
Failed placements, escalating anxiety or distress, attendance trajectory, behaviour incidents, mental health deterioration. The section 61 test requires evidence that no school can meet needs — build the picture.
- 2
Get professional support for EOTAS
EP report recommending EOTAS, CAMHS or paediatric input on why school is not sustainable, OT or SALT recommendations on environmental needs. Where professionals support EOTAS, the case is significantly stronger.
- 3
Cost a comprehensive EOTAS package
Identify tutors (often through specialist agencies), therapeutic input, online learning platforms, and social opportunities. Set out hours, named providers, and how each element meets need. A detailed proposal shows the local authority how EOTAS can work in practice.
- 4
Trigger local authority section 19 duty if currently out of school
Where the child is already not attending, the local authority has a section 19 Education Act 1996 duty to provide alternative education. This often forms the bridge to EOTAS — the local authority may be funding interim tutoring that can be incorporated into the EOTAS package.
- 5
Negotiate EOTAS at draft EHCP stage
When the draft EHCP is issued, propose EOTAS in Section I with detailed Section F provision. The local authority must consider your representations. Where school is named over your objection, register a Section I appeal within 2 months.
- 6
Prepare a comprehensive Tribunal case if needed
Failed school placement evidence, professional reports, costed EOTAS proposal, parent statement, attendance and incident data, mental health evidence. The Tribunal can specify EOTAS where the evidence supports it.
EOTAS costs and the cost argument
EOTAS packages are local-authority funded once named in the EHCP. The local authority may query the overall cost, but the starting point is whether school is inappropriate under section 61 — not whether the package is cheap.
- Set out each element of provision in Section F — hours, frequency, who delivers it, and qualifications
- Name tutors, therapists, and other providers where possible
- Show how the package meets needs that named schools cannot reliably meet
- Explain why repeated mainstream or specialist school placements have not worked, if that is your situation
Where school placements are genuinely inappropriate, the Tribunal focuses on whether your EOTAS proposal can meet need. Local authorities cannot lawfully refuse EOTAS purely on cost where school is inappropriate.
Building your EOTAS case
- Evidence of failed school placements (attendance, incident logs, school records)
- Professional reports (EP, CAMHS, paediatric, OT, SALT) recommending against school or for EOTAS
- Mental health evidence showing school environment is harmful
- Detailed EOTAS proposal with named providers and quantified hours
- Clear comparison with why named school alternatives cannot meet need
- Section 19 Education Act 1996 correspondence (if currently out of school)
- Parent statement detailing journey and rationale for EOTAS
- Identification of specific tutors, therapists and providers willing to deliver
Common local authority pushbacks on EOTAS
- "There is a suitable school" — challenge by detailing why named schools cannot meet needs (sensory, environment, expertise, evidence of past failures).
- "EOTAS is too expensive" — focus on section 61 inappropriateness of school and show how your proposed package meets need.
- "Child needs to be in school for socialisation" — counter with the EOTAS social provision (groups, clubs, supervised peer time) and evidence that school socialisation has failed.
- "EOTAS is not for children of compulsory school age" — wrong; section 61 has no age restriction.
- "We need to try another school first" — only sustainable where there is genuinely a placement that may meet needs; otherwise this prolongs harm.