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Education Otherwise Than At School (EOTAS): What Parents Need to Know

A plain-English guide to EOTAS, EOTIS, Section 61, Section 19, EHCPs and elective home education.

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1. What does education otherwise than at school mean?

In plain English, education may sometimes be arranged somewhere other than a school, college or another educational setting where the circumstances and legal framework support this. The provision might take place at home, in the community or through a combination of arrangements.

The terms Education Otherwise Than At School (EOTAS) and Education Otherwise Than In School (EOTIS) are both used. Terminology is not always consistent, so it is important to ask which legal route is actually being discussed rather than relying on the label alone.

2. What is EOTAS under Section 61?

Section 61 of the Children and Families Act 2014 allows a Local Authority to arrange special educational provision otherwise than in a school, post-16 institution or another specified setting where it would be inappropriate for the provision to be made there.

  • EOTAS is not automatic.
  • A child does not obtain EOTAS simply because school is difficult.
  • The Local Authority must consider the child’s individual circumstances and evidence.
  • The decision is made by the Local Authority and, where relevant, the SEND Tribunal.
  • Families should not be told that EOTAS is guaranteed.
Read Section 61 of the Children and Families Act 2014

3. EOTAS and an EHCP

Section 61 EOTAS is closely connected to an Education, Health and Care Plan. Section B should describe all of the child or young person’s special educational needs, and Section F should clearly specify the special educational provision required for those needs. Section I records the placement or type of placement where appropriate.

Where a child receives full-time education otherwise than in a school, the special educational provision should generally be clearly described in Section F and there may be no school placement to name in Section I. If the child attends a school for part of their education, the position may be different and the school may need to be named.

This is not a fixed answer for every case. The wording in Sections B, F and I must reflect the child’s actual arrangements, needs and circumstances.

4. EOTAS and Section 19 education

Section 19 of the Education Act 1996 creates a separate duty relating to suitable education for children of compulsory school age who may not otherwise receive it because of illness, exclusion or other reasons.

Section 19 alternative education and Section 61 EOTAS should not automatically be treated as the same route. A child may be out of education, or receiving alternative education, without having a Section 61 EOTAS package.

Read Section 19 of the Education Act 1996

5. Is EOTAS the same as elective home education?

No. The responsibility and legal basis are different.

  • Elective home education is chosen by the parent.
  • Section 61 EOTAS is arranged by the Local Authority as special educational provision.
  • Parents should not accidentally accept responsibility for educating their child if they are seeking Local Authority provision.
  • Parents should obtain clear written information about what education and provision is being offered, under which legal route, and who is responsible for arranging it.

6. When might EOTAS be considered?

EOTAS may be considered where the evidence indicates that:

  • The child’s special educational provision cannot appropriately be delivered in a school or college.
  • The child’s needs cannot be met through reasonable adjustments or available support.
  • The proposed setting is unsuitable or inappropriate for the child.
  • The child’s needs, views and circumstances have been properly considered.
  • Provision outside school is required to meet the identified needs.

EBSA, anxiety, autism, ADHD or the term “school refusal” do not automatically qualify a child for EOTAS. They may be relevant to the evidence, but the decision must be based on the individual child and whether the legal test is met.

7. What evidence may help?

Relevant evidence may include:

  • Professional reports
  • Educational psychology advice
  • Occupational therapy or speech and language evidence
  • Attendance and distress records
  • School support and reasonable adjustments already tried
  • Assess, Plan, Do, Review records
  • Exclusion or reduced timetable information
  • The child or young person’s views
  • Parent observations
  • Evidence showing why the proposed school or setting is not suitable
  • Evidence setting out the provision the child actually needs

Evidence should show both the child’s needs and why their education or special educational provision cannot appropriately be delivered in a school setting. It is also helpful to show what has already been tried and why it has not been sufficient.

8. What can an EOTAS package include?

Packages vary and must be based on the child’s identified needs and outcomes. Depending on the evidence, examples may include:

  • Tuition
  • Therapies where they are special educational provision
  • Specialist teaching
  • Educational activities
  • Support with communication, regulation or independence
  • Specialist equipment
  • Community-based learning
  • Preparation for a future education setting where appropriate

No particular package is guaranteed. Provision should be specific, quantified and linked to the needs and outcomes in the EHCP, rather than described only in broad or optional terms.

9. What should parents ask the Local Authority?

Use this checklist to make the proposed route and provision clearer:

  • What legal route is being considered?
  • Is this Section 19 education or Section 61 EOTAS?
  • What evidence has been considered?
  • Why is school considered suitable or unsuitable?
  • What exactly will be provided?
  • Who will deliver it?
  • How many hours will be provided?
  • Where will it take place?
  • How will progress be monitored?
  • When will it be reviewed?
  • How will the child’s views be included?
  • What will happen if the provision is not delivered?

10. EOTAS support from Simplified Support

Simplified Support can help families understand the EOTAS route, organise evidence, review existing reports, identify gaps, prepare written questions, understand Section F, prepare for discussions with the Local Authority, and consider whether a separate Section 19 issue may need to be raised.

This practical support is not legal representation, legal advice or guaranteed advocacy, and it cannot guarantee that EOTAS will be agreed.

Get help with an EOTAS or Section 19 question

Frequently asked questions

What does education otherwise than at school mean?

It means education or special educational provision is arranged somewhere other than a school, college or another specified educational setting. The legal route and the child’s individual circumstances matter: education outside school is not automatically Section 61 EOTAS.

Is EOTAS the same as home education?

No. Elective home education is a parent’s choice to take responsibility for education. Section 61 EOTAS is special educational provision arranged by the Local Authority because it would be inappropriate for that provision to be made in a school or other specified setting.

Does my child need an EHCP for EOTAS?

Section 61 concerns special educational provision that would otherwise be secured through an EHCP, so an EHCP is central to that route. A child can receive education outside school under a different legal route, including Section 19, without having a Section 61 EOTAS package.

Is EOTAS the same as Section 19 education?

No. Section 19 of the Education Act 1996 is a separate duty concerning suitable education for compulsory-school-age children who would otherwise not receive it because of illness, exclusion or other reasons. The two routes should not automatically be treated as the same.

Can anxiety or EBSA lead to EOTAS?

Anxiety or emotionally based school avoidance may form part of the evidence about a child’s needs and circumstances, but neither automatically qualifies a child for EOTAS. The decision must consider the individual evidence and whether provision in a school or other specified setting would be inappropriate.

Who decides whether EOTAS is appropriate?

The Local Authority makes the decision when preparing or amending an EHCP. If the relevant EHCP sections are appealed, the SEND Tribunal may determine the disputed issues. No adviser or support service can guarantee the outcome.

What should Section F say?

Section F should clearly and specifically describe the special educational provision required for each need in Section B. It should explain what will be provided, by whom, how often, for how long and, where relevant, where it will happen. The wording must reflect the child’s actual arrangements.

Does Section I have to name a school?

Not in every case. Where full-time special educational provision is arranged otherwise than in a school, there may be no school placement to name. If a child attends a school for part of their education, the position may be different and the school may need to be named. The answer depends on the actual package and circumstances.

Can EOTAS include tuition at home?

It can include tuition at home where that is part of the provision identified as necessary, but home tuition is not guaranteed and is not the only possible form of EOTAS. The package must be based on the child’s needs and outcomes.

Can a child attend school part-time and still have an EOTAS package?

Potentially, but the legal and EHCP wording may differ from a full-time EOTAS arrangement. The plan should accurately describe which provision is delivered in school, which is delivered elsewhere, and how the parts work together.

What evidence should I collect?

Collect evidence of the child’s needs, the support and reasonable adjustments already tried, their response to the setting, their views, and the provision they require. Professional reports, school records, attendance and distress records, parent observations and Assess, Plan, Do, Review records may all be relevant.

Can parents ask for EOTAS during an EHCP appeal?

Parents can raise their requested provision and placement during a relevant EHCP appeal. What the Tribunal can decide depends on the sections under appeal and the evidence. Families may wish to obtain independent legal advice about their appeal rights and deadlines.

Can EOTAS be temporary?

Arrangements can change as a child’s needs and circumstances change. An EHCP and its provision should be reviewed, and any future transition should be based on evidence and the child’s needs rather than an assumed timetable.

What can parents do if the Local Authority refuses?

Ask for the decision and reasons in writing, check which EHCP sections and appeal rights are involved, gather the evidence supporting the requested provision, and note all relevant deadlines. Independent SEND information, mediation advice or legal advice may help parents understand the available route.