Education Other than in School or College

If a child or young person has an Education, Health and Care Plan (EHCP), or is undergoing an education, health and care needs assessment,  the parent or carer or young person (if over 16 years old) can request the LA consider a request for an EOTIS/C package. Consideration can also be requested during a reassessment or annual review of an EHCP.

A request should be considered in conjunction with the parent or carer, the young person if appropriate and the LA. The LA must consider 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 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 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

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 Southend Local Offer's page on local Alternative provision here. 

This has been considered in the case of TM v London Borough of Hounslow [2009], 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

The special educational provision the child or young person requires as part of the EOTIS/C package will be detailed in section F of the EHCP.

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/C) 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). 

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 provide expert reports from relevant professionals, such as the child or young person's school/college, educational psychologists, therapists, CAMHS, and other appropriate professionals. 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. The Local Authority has the same duty to conduct an annual review when a child is educated other 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 a child or young person to be educated in an educational setting. It will be helpful to gather such evidence before an annual review takes place.

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 a parent or carer chooses 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 the parent or carer is deemed to be making their own suitable alternative arrangements.

If, however, the local authority (LA) deems school or college to be inappropriate for a child or young person, the LA can arrange for their 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 when:

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.

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, a child or young person 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 to be provided.

Case law:

Derbyshire CC v EM and DM (SEN) [2019] UKUT 240 (AAC): Where a child or young person requires full-time ‘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 EHCP 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 in a setting.