Aesop’s Fable stated, ‘be careful what you wish for’ that and the not quite as old, ‘don’t believe everything you read’ can apply to EOTAS. Let’s get the abbreviation’s cleared up at the beginning, this is Education Other Than At School, Education Other Than In School and Education Other Than In College: I may have missed out on other variations, but you get the general idea.
From here on I’ll be using EOTAS for ease of understanding.
EOTAS can be the perfect solution for your child’s Special Educational Provision, and it can also be a cheap and not so cheerful box ticker. This is a controversial opinion, but one that we are seeing evidence of at both draft check and Annual Review.
As with all things EHCP it’s about the evidence; evidence of needs and provision, and most importantly for EOTAS how Section F is written – this is provision that can’t be made in a formal educational environment or institution. This is provision your child cannot access in any educational institution or environment.
There’s an unfortunate myth that is banded about that EOTAS is THE Blue Whale Card in Awesome Animals Top Trumps, the Christmas Cake in Great British Bakes – it is the TOP TRUMPS best of the best. In reality, it can be anything but. This is often hindered by social media, where myth perpetuates that is it all about ensuring that Section I is blank (EOTAS) when in fact it is really about Section F being specified and quantified thoroughly, which in turn evidences that the provision (that’s Section F) cannot be made in a school, and therefore Section I is left blank by default.
Spoiler Alert – Local Authorities love to convince parents that they have ‘the mythical EOTAS package’ and they should be eternally grateful. In reality this is little more than a poor Alternative Provision package, core subjects online with an online tutor, MindJam, swimming lessons/off peak gym membership, and an enrichment activity. Is this a true reflection of a highly specific Section F?
We see EHCP’s for children and young people with significant needs, who are in receipt of terrible EOTAS packages, low cost and not able to provide the education and holistic support that should be in place, but they have the ‘EOTAS’ that is so highly prized.
The unfortunate truth is that there are some children and young people who would be better supported in a Specialist Independent School with a fully bespoke, needs differentiated curriculum, a full time 1:1, a supportive peer group to promote social skills, over EOTAS at home, and increasing isolation from a needs appropriate peer group. The cost of this is higher than the EOTAS package, the time to reengage the child or young person, takes commitment from the school, time and patience for the transition, and professional support. Leave the child/young person at home and this step is removed – for the time being at least. Then hand over to adult social care.
This is the bottom line: many children and young people cannot access an educational placement, and their needs cannot be met in any educational placement. Others, with a robust EHCP that has each and every need identified with highly specific provision, could receive their education in specialist independent – but a poor EOTAS package is cheaper, and the Local Authority knows that EOTAS has been raised as the 10/10 jackpot – and that parents will be grateful, relieved and will not be beating on their doors requesting more.
We know that LAs provide a poor Section F because they want:
1. the child/young person to be so bored that they ask to go back to school – and every child is entitled to a full-time mainstream education.
2. the young person to get past compulsory school age, disengages and give the LA the golden opportunity to cease the Plan.
3. EOTAS to have time restrictions imposed, so, again this is just extended Alternative Provision.
With Elective Home Education you have no financial support, however, you are not at the beck and call of the LA, and the provision is your choice and fully centred to what you and your child wants to do and achieve.
EOTAS, by comparison is still controlled by the LA – and they have a legal right to provide it themselves rather than through a personal budget. If they do agree a personal budget, they will hold you to tight rules around spending, accountability and invoices. This is not your money, or even your child’s money. It is ‘public purse’ money, and the LA are responsible for it.
So, EOTAS Section F, how specific is specific?
To ensure Section F has provision that has been converted from school based to highly bespoke, how much is enough? Where is this information taken from, can you, as a parent do this?
Unfortunately, not, just as in any EHCP Section B and F, this information must be from your professional reports, which must themselves be highly specific, and show that no school can provide, and your child cannot attend any school. Is this likely to be from an LA engaged professional, have you seen any flying pigs lately? Any EOTAS package identified by an LA EP will be the most basic and yes, cheap and cheerful.
EOTAS: the Legal Truth
It really is all about Section F...
EOTAS can only be agreed when a Local Authority (or Tribunal) agree that it would be inappropriate for the provision in Section F of an EHCP to be made in a school or post-16 institution.
Where a child has an Education Health and Care Plan, under section 61 of the Children and Families Act 2014, the Local Authority may arrange for any special educational provision to be made otherwise than in a school if satisfied that it would be inappropriate for the provision to be made in a school.
“(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.
(3) Before doing so, the authority must consult the child’s parent or the young person.’
Section 42 of the Children and Families Act 2014 places the local authority under a duty to make sure that all of the provision in an EHC Plan is in place.
And once again, it is all about Section F...
If provision is not specified and quantified in Section F, there is no way to ensure that it is provided, and it can be removed or stopped by the LA at any time. Provision being detailed in Section J is no guarantee of delivery. It really is entirely about Section F.
Section F should set out the SEP required by the Child or Young Person. (Regs2014 r12). The Special Educational Provision is the education or training provision rather than the provider of that provision. Of course, what is specified in section F might be expressed in a way in which, in practice, the provision could only be made other than at a school, but it should not state that conclusion.
Parents must be consulted before EOTAS is agreed.
CFA2014 s61(3) requires an LA to consult the child’s parent or young person before providing EOTAS.
And Section I must be left blank...
If the child does not attend a school or other institution at all, section I should be left blank: Derbyshire CC v EM and DM [2019] UKUT 240 (AAC) #15-24.
How is EOTAS Funded/Provided
The legal responsibility to provide EHCP provision rests with the LA and this applies to EOTAS EHCPs as well as all other EHCPS. Section 42 Children and Families Act 2014
The LA has 2 options for delivering EOTAS provision:
1) The local authority commissions the provision themselves through suppliers they have vetted, checked and agreed are suitable.
2) Parents request to manage the EOTAS package themselves through a Personal Budget. This may come with greater flexibility, but it also comes with a very hefty time commitment from parents and the LA will still set the rules, because they are responsible for the provision.
Anna and Sarah both have personal experience of highly bespoke EOTAS, and can advise further as part of their professional legal advocacy services.
Look out for the Empowering Families of Children with SEND EOTAS webinar this Summer – we will provide you with all the information you need for a fully bespoke individualised EOTAS provision – with examples.
We are, and always will be, Stronger Together.
You can find testimonials to our bespoke services on our website and Facebook business page - here
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