A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 03 Mar 2025
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Yes
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Complex
Yes. Whilst in general an EHCP cannot require parents to provide SEP (More: 08.23 Can the LA require parents to provide education?), parents can provide all or part of the EOTAS provision if they agree to do so. In this instance, the LA will have to be satisfied the parents have made “suitable alternative arrangements” for that part of the specified SEP and does not have a duty to secure the element of the SEP: CFA2014 s42(5). The UT has found that, where the parents agreed, requiring them to allow an EOTAS package to be provided in the home is lawful: LB Camden v KT [2023] UKUT 225 (AAC) #24, 31.
If that is the agreed way forward then the parents are providing some of the EOTAS provision specified in Section F of the EHCP, which is distinct and different to from elective home education. More: 09.338 Is elective home education the same as EOTAS under CFA2014 s61?
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Comment