EOTIS and How to Secure a Package

When a parent or carer takes their case to the SEND Tribunal to challenge a decision made by the local authority regarding their child’s EHCP, they may ask the Tribunal to order an EOTAS package. EOTAS is typically considered when a child or young person cannot attend a mainstream or special school due to their special educational needs or medical circumstances.

Before the SEND Tribunal orders an EOTAS package, several important legal considerations must be taken into account. These factors help ensure that the decision is in the best interests of the child and complies with relevant laws and regulations.

Section 19 of the Education Act 1996

Under Section 19 of the Education Act 1996, local authorities have a duty to provide suitable education to children who cannot attend school due to reasons such as health or disability. This includes arranging EOTAS provision.

The Tribunal must ensure that the EOTAS package is suitable to meet the child or young person’s needs as outlined in their EHCP.

If the Tribunal orders an EOTAS package, it must meet the legal requirements outlined under Section 19, ensuring that the child receives an education that aligns with their specific needs.

The Child’s EHCP Needs and Educational Provision

Before ordering an EOTAS package, the Tribunal will review the child's EHCP, specifically focusing on the special educational needs and the necessary provision.

The EHCP must clearly specify the type of education required to meet the child's needs. If a child is being considered for EOTAS, the Tribunal will need to determine:

• Whether the current school placement is inappropriate due to the child’s needs.
• Whether EOTAS can deliver the specific educational outcomes outlined in the EHCP.

The Tribunal will also consider:

• Whether reasonable attempts have been made to support the child in a school environment.
• Whether the EOTAS package proposed will be able to meet the educational goals and outcomes set out in the EHCP.
• The social impact of removing a child from a school setting. For many children with special educational needs, school is an environment for developing social, communication and interaction skills. Therefore, whether EOTAS provision includes peer interaction opportunities.
• Consider whether the EOTAS package aligns with the child’s preferences and their parents' views. It is important for parents to provide the Tribunal with evidence of the child’s preferences, where possible.

Reasonableness of the EOTAS Provision

Under the law, the Tribunal will consider whether the EOTAS package proposed is reasonable. The package must be:

• Tailored to the individual child’s needs.
• Feasibility of available resources and provision.
• Reasonableness also applies to the location of the provision. For example, whether the location is accessible to the child and their family.
• Whether it is cost-effective and practical given the local authority’s resources.
• The Tribunal will assess whether EOTAS is proportionate and whether it is the most suitable option.

Costs of EOTAS

Although cost is not overriding deciding factor the Tribunal may look at whether the proposed EOTAS provision is financially viable. If an EOTAS package involves more expensive or bespoke provision, the Tribunal may request details on how the local authority plans to fund the provision while ensuring it meets the child’s needs.

What Does an EOTAS Package Look Like?

An EOTAS package will be detailed in Section F of the child’s EHCP. Section I, placement, will be blank as no one setting can be named. An EOTAS package usually consists of 25 hours of learning and may look like the following:

Child/Young Person needs a bespoke learning package that includes home tutors and social opportunities. Child/Young Person needs experiences each week where they feel relaxed whilst learning e.g. forest school.

Child/Young Person will have a maximum of 25 hours pe week of provision to include:

• 5 hours of 1:1 English tuition a week
• 5 hours of 1:1 Maths tuition a week
• 2 hours of 1:1 Science tuition a week
• 2 hours of 1:1 Geography tuition a week
• 2 hours of 1:1 Art a week
• 2 hours of a Physical Activity a week
• 1 hour of 1:1 Religious Studies a week
• 1 hour of 1:1 Music a week
• 1 hour of 1:1 Drama a week
• One day a week, for four hours, attending a social outdoor alternative provision..

For parents, it is crucial to ensure that all the necessary evidence and arguments are presented clearly to the Tribunal. This includes providing information about the child’s EHCP, the EOTAS provision proposed, and how it will meet the child’s educational and social needs. Working closely with legal advisors, professionals, and support services can help ensure the best possible outcome for your child.

If you would like to speak with a member of our Education Law team about support for a child or young person, please contact us. We will be happy to help: info@watkinssolicitors.co.uk    0117 939 0350

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