Protocol for education otherwise than at school (EOTAS)

For children and young people with an education, health and care plan (EHCP)

Introduction

This policy sets out Lancashire County Council’s approach to exercising its discretionary powers under Section 61 of the Children and Families Act 2014. These powers allow the Local Authority to arrange education outside a school or post-16 institution when it is deemed inappropriate for the child or young person to attend such settings. EOTAS is an exceptional measure, used only when all suitable school-based options have been fully explored and exhausted and there is no school/college that can meet needs. This policy applies exclusively to children and young people who have an Education, Health and Care Plan (EHCP).

What is education otherwise than at school?

EOTAS stands for Education Otherwise than At School and is education provision to meet specific needs of pupils who have an EHCP where the LA is satisfied that it would be inappropriate for some, or all, of the assessed provision to be made in a school or post-16 setting.

EOTAS is the legal mechanism whereby a child or young person with an EHCP can receive special educational provision when it is inappropriate for them to attend an educational setting. Under a formal EOTAS arrangement, the child or young person will not be required to be on the roll of, or in attendance at, an educational setting. The child or young person will receive their education and special educational provision either at home, or in some circumstances, within an external setting that is not a registered educational setting.

Legal context

The legal foundation for EOTAS is provided by Section 61 of the Children and Families Act 2014, which states that if it is inappropriate for a child or young person to receive special educational provision in a school or college, the Local Authority may arrange for any part of that provision to be made elsewhere. This protocol also aligns with Section 19 of the Education Act 1996, which places a duty on Local Authorities to provide suitable education for pupils unable to attend school for reasons such as illness or exclusion. The SEND Code of Practice and relevant case law further guides decision-making, ensuring that all actions are lawful, transparent, and in the best interests of the child. The threshold for this legal test should be noted as high, as it can only be made where it would be inappropriate for the provision to be made at any school (or post-16 institution etc), this includes specialist, or independent settings tailored to meet high levels of need. There must be appropriate consultation with the child’s parents or the young person before a LA can make this decision.

How is EOTAS different from elective home education?

Parents/carers can choose to educate their children at home. This is known as Elective Home Education or EHE. This means that they make their own arrangements for their child’s education rather than send them to school.

If the child has an EHCP and the parent is educating them at home, the LA is no longer responsible for arranging the special educational provision set out in the EHCP. This is because parents/carers are deemed to be making their own suitable alternative arrangements. The LA remains responsible for reviewing the EHCP via the annual review process.

It is important to emphasise that EOTAS is not the same as a parental decision to home educate their child (as is their right under Section 7 of the Education Act 1996), Elective Home Education (“EHE”).

Principles and aims

It is widely accepted that schools and colleges are best placed to deliver educational and broader socio-educational programs. Schools and colleges can deliver educational provision in many ways, using on-site and off-site programmes and adapting what and how they teach in line with young peoples’ needs. EOTAS will only be considered when professionals and parents/carers have evidenced that it is inappropriate for the identified special educational provision to be put in place in a registered school or college. Consistent with Section 61 of the Children and Families Act 2014 and established Tribunal expectations, provision otherwise than at school should only be maintained where it is necessary to meet the child’s needs and where attendance at an educational setting would be inappropriate. Such arrangements should be subject to regular review, with a view to reintegration into a suitable educational placement where this becomes practicable. Parents must agree before an EOTAS package is considered.

Eligibility criteria

To qualify for EOTAS under Section 61, the child or young person must have an EHCP. The Local Authority, in its opinion, must be satisfied that it is inappropriate for any part of the special educational provision to be made in a school or post-16 institution. This is a high legal threshold, meaning that school-based provision must be unsuitable or improper, not merely inconvenient. All reasonable adjustments and alternative provision options within schools must have been explored and deemed unsuitable.

EOTAS packages are not simply put in place where the LA has been unable to provide a suitable school place due to sufficiency challenges. The LA has alternate duties to address this. For an EOTAS package to be put in place there must be evidence that it is unsuitable to deliver the education in any school.

How EOTAS packages are agreed

When a review of the EHCP is held, or during the drafting of a new EHCP, if it is identified that the provision necessary to meet a child or young person’s needs cannot be delivered in an educational setting, an EOTAS package will be considered under Section 61 of the Children and Families Act 2014. This process must include the views of the child or young person and their families and professionals across agencies.

LCC consider all proposals for EOTAS on a case-by-case basis at the EOTAS panel. which meets virtually and weekly considering the individual circumstances for each child or young person.

These will include:

a child or young person's background and medical history (including mental health needs)
the child or young person’s Special Educational Needs and Disabilities (SEND)
formal consultation to educational settings and consideration of responses received

If there is a setting, which the LA feels is appropriate, that can offer a placement, meet assessed need and deliver the provision as recorded in an accurate and up to date EHCP, the LA is unable to consider EOTAS. If a parent/carer or young person does not agree with the decision, they have the right to appeal to Tribunal (SENDIST).

What might EOTAS look like

EOTAS should provide full-time education and can include a range of activities including online schooling, home tuition, tuition or training at a specialist centre, mentoring, and therapeutic interventions. It must meet the needs identified in section B of the EHCP and deliver the provision in section F.

What can and cannot be included in an EOTAS package?

Provision under EOTAS must be clearly specified within the EHCP. Section B should outline the needs that justify an EOTAS package, while Section F must detail the provision required, which should be specific, quantified, and include information on hours, qualifications, therapies, and delivery arrangements. Section I must remain blank for EOTAS provision. Curriculum design should be broad and balanced, including Maths, English and Science education as part of the offer. Preparation for adulthood must be evidenced, and consideration must be considered for a pathway for reintegration into a school/college.

Although we do not have a blanket policy on delivering EOTAS; in general, the following would not be included within an EOTAS package:

household utility bills
support and funding of education outside term time (unless directed through a Tribunal outcome)
gym memberships
food costs
therapies which have not been identified as an educational requirement
additional adult support above that needed to allow a young person to engage in educational provision
training or professional development of teaching assistants or other workers.

Transport and free school meals criteria

None of the scenarios where the LA has a duty to provide home to school transport will apply if a child or young person is being educated under Section 61 EOTAS. The LA transport team does not have a legal duty to provide transport (or help with transport costs) to the various activities and places a child or young person may be receiving their provision. Transport costs/requests for mileage will only be considered in exceptional circumstances on a case-by-case basis.

Lancashire County Council has no statutory duty to provide free school meals for learners receiving EOTAS. However, the Local Authority will seek to ensure that children and young people who are eligible for free school meals under national criteria continue to have access to this entitlement. Eligibility for free school meals is determined by national guidance, such as income-based benefits.

Monitoring and review

EOTAS arrangements are subject to rigorous monitoring. An annual EHC plan review ensures that provision remains appropriate and effective, while half termly monitoring meetings focus on progress towards outcomes, suitability of provision, and reintegration planning.

Direct payment arrangements and criteria

Parents and carers may request a Personal Budget to manage aspects of the EOTAS package, which can include Direct Payments. While the Local Authority must consider such requests, it is not obliged to agree to them in all cases.

LCC may only consider parents/carers requests for personal (education) budgets when a draft EHCP has been issued or as part of an Annual Review of an EHCP. Parents/carers may not appeal the Council’s decisions about whether they award a personal budget, but they may ask the LA to review their decisions.

Direct Payments are intended to give families flexibility in arranging provision specified in the EHCP, not to replace the Local Authority’s statutory duty to secure provision. The Local Authority retains overall responsibility for ensuring the EHCP is delivered in full, even where Direct Payments are agreed. To approve a Direct Payment, the Local Authority must be satisfied that the provision is clearly specified in Section F of the EHCP and is suitable for delivery via Direct Payment, the proposed provider meets quality assurance standards, and the parent/carer demonstrates the ability to manage the funds responsibly.

Direct Payments cannot be used for provision not specified in the EHCP, elective home education, or informal arrangements delivered by family members. Monitoring will occur within the first three months and during annual reviews, and the Local Authority can suspend or terminate Direct Payments if conditions are breached.

Relevant legislation

Section 61 of the Children and Families Act 2014,

Section 42 of the Children and Families Act 2014

Section 7, 9, 19, 319 Education Act 1996.

Keeping Children Safe in Education 2024 Working Together to Safeguard Children 2023.

Case law

TM v Hounslow [2009] EWCA Civ 859, NN v Cheshire East [2021] UKUT 220 (AAC), M v Hertfordshire CC [2019] UKUT 37 (AAC), M and M v West Sussex [2018] UKUT 347 (AAC), and DM v Cornwall CC [2022] UKUT 230 (AAC). EOTAS LCC V1 May 2026