Definition
EOTAS is a bespoke package of education arranged and funded by the local authority for a child with an EHCP for whom no school placement is suitable, set out in section 61 of the Children and Families Act 2014. Provision is specified in Section F and Section I is left blank or marked "EOTAS".
In context for parents
Key checkpoints
- EOTAS is a bespoke package of education arranged and funded by the LA for a child with an EHCP for whom no school is suitable.
- Set out in Children and Families Act 2014, section 61.
- Provision specified in Section F; Section I left blank or marked "EOTAS".
- Legal test (s.61): the LA must be satisfied no school placement is suitable, not just that parents prefer home-based provision (JD v South Tyneside [2016]).
- Common pathways: severe EBSA, broken-down school placement, profile where no local school can safely accommodate.
Section 61 of the Children and Families Act 2014 allows the LA to arrange EOTAS where it would be "inappropriate" for the special educational provision to be made in school. The test is high: the LA must be satisfied no school placement is suitable, not just that the parent prefers home-based provision. The case law (notably JD v South Tyneside [2016]) confirms that the LA must consider what would be inappropriate for the individual child, taking into account their specific needs.
EOTAS in practice is a bespoke package: it can combine 1:1 tutoring (online or in person), therapy (SaLT, OT, clinical psychology), accessing specific subjects at a local college or specialist provider, sports and physical activity, and structured social opportunities. The LA pays for and arranges all of it. The package is set out in Section F with the same specificity standard as a school-based plan.
Common pathways to EOTAS. A child with severe EBSA where school attendance has become impossible despite extensive trauma-informed reintegration attempts. A child whose specific profile (often autism plus severe anxiety, or complex medical needs) cannot be safely accommodated in any local school. A child whose age, stage, or recovery from a mental health admission means a school environment would be counterproductive in the short to medium term.
EOTAS is not Elective Home Education. EHE is parent-funded and parent-arranged; EOTAS is LA-funded and LA-arranged. The LA's duties to a child with EOTAS in Section F are identical to those owed to a child in a school placement.
The Personal Budget route (section 49 Children and Families Act 2014) is frequently used to deliver EOTAS: the LA pays a direct payment that the family uses to commission the named provision.
Related terms
The terms parents most often see alongside Education Otherwise Than At School.
Education, Health and Care Plan(EHCP)
A legally binding document, issued by a local authority in England, that describes a child or young person's special educational needs and the provision the LA must arrange to meet them.
Section F (EHCP)
The section of an EHCP that sets out the special educational provision the local authority must secure. Wording should be specific, quantified, and unambiguous (often called 'SMART').
Section I (EHCP)
The section of an EHCP naming the school or type of school the child will attend. Parents can request a specific school, and the LA must name it unless narrow legal grounds apply.
Alternative Provision(AP)
Education arranged by the local authority or school for pupils who, because of exclusion, illness, or other reasons, cannot attend mainstream school. Includes PRUs and AP academies.
Elective Home Education(EHE)
A parent's choice to educate their child at home instead of sending them to school. Different from EOTAS: with EHE, parents take on full responsibility, including any SEND provision.
Where parents ask about this
Parents usually find this page after months of EBSA, after a school placement has broken down, or when a tribunal is considering EOTAS as an alternative to a contested school placement. Searches include "EOTAS Section F", "EOTAS tribunal", and "is EOTAS the same as home education". A Beaakon SEND advocate or solicitor can build the EOTAS case at tribunal, draft Section F provision, and negotiate the Personal Budget that delivers it.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Children and Families Act 2014, section 61
- SEND Code of Practice (DfE / DoH 2015), paragraphs 9.91 and 10.31–10.40
- [JD v South Tyneside Council [2016] EWHC 2087 (Admin)](https://www.bailii.org/cgi-bin/sino_search_1.cgi?querytype=ufree&query=JD+v+South+Tyneside+Council+2016+EWHC+2087)
- IPSEA: EOTAS guidance
- Children and Families Act 2014, section 49 (personal budget route)