We are in the final stages of EHCP. We have requested EOTAS (to pay for online school) and a personal budget. The LA have said "County Independent panel have reviewed your request for EOTAS and personal budget to fund Kings Inter High, further information is required before EOTAS can be considered. We will be contacting F...... high school to establish if they are able to support funding Kings Inter High as E. remains on their school roll. We will also be issuing consultations to independent settings to establish suitability; these consultations will be shared with you before they are issued." My question is does the LA pay for EOTAS - why are they asking the school? The LA tried to unroll her from mainstream but we said they could not do this until they have provided alternative provision - and we request EOTAS - were we wrong to do so?
My daughter is happy at online school. She has tried two mainstream schools and cannot manage. She will not attend school in person and the EP report is fairly conclusive with this regard.
A: SenseCheck
- 5 Yes
- 0 No
- 0 Other
- 22 Apr 2025
-
Yes
|
Complex
[test] Yes | Complex
“This is a draft answer for you to amend, copy and paste and then publish on the Support SEND Kids website in your own name, and at your discretion. This draft is based on content already on the Support SEND Kids website including the No-nonsense guides and the relevant statutes, regulations and case law. I will provide you with a fairly lengthy draft as it is easier to delete than add!
It will start with simple summaries at the beginning (the first is designed for children (age 6) and the second for adults who need easier reading) which may be helpful for you to include when you publish as it improves access to the law and makes the Support SEND Kids website content more accessible.
I will then produce a more detailed answer typically aimed at a legal practitioner for you to amend and publish. I will also try to highlight references in the website content and identify similar existing answers for you to review in your drafting process. Lastly I will try to provide practical hints and tips drawn from the contributors in the Support Send Kids Community. I will also give you a steer as to whether I think the answer should be YES / NO /UNCLEAR and if it is COMPLEX / SIMPLE or UNCLEAR”Categorisation
Category: UNCLEAR (the answer requires explanation and context as there are several legal steps and variables in play)
Complexity: COMPLEX (this involves EOTAS, personal budgets, school roll status, and the local authority’s duties, all of which require references to law, regulations, and case law)
Super Simple summary to help a parent explain the law to a child
Sometimes, if your school can’t give you the help you need, your family can ask for learning to happen in a different way, like at home or online. The council has to think about your request and make sure you still get an education, but they have to check with your old school and other places before they make a big change. You should always have somewhere to learn before your name is taken off your school list.
Summary in simple English
If a child needs education that is not provided in a normal school (EOTAS: Education Otherwise Than At School), the Local Authority (LA) is responsible for considering this and arranging it if it is agreed to be needed in the child’s Education, Health and Care Plan (EHCP).
Before the LA agrees to EOTAS, they will often check if the current school or another school could meet the child’s needs, which is why they are contacting the school and consulting others.
A child should not be removed from a school roll unless other suitable education is provided.
Requesting EOTAS before being removed from roll is the correct step.Draft technical answer
1. Legal duties regarding EOTAS and LA funding
The Local Authority (LA) has the legal responsibility to arrange the special educational provision specified in Section F of an EHCP, whether that is at a school, at home, or through online provision, if this is specified as EOTAS (Education Otherwise Than At School) under Section 61 of the Children and Families Act 2014.
EOTAS is not decided by the school but by the LA, based on the child’s needs and evidence that education in a school is not suitable.
Funding for EOTAS provision, including online schools, must come from the LA if it is agreed in the EHCP. The current school does not have the responsibility to fund EOTAS, but the LA may wish to consult with the school to explore any possibility that the school can deliver or fund the provision, or as part of their decision-making process.
2. Why is the LA consulting the school and others?
The LA is legally required to consider whether mainstream or another school can meet the child’s needs before naming EOTAS in the EHCP. This is why they are contacting the school and consulting other independent settings: to ensure that all options have been considered and to evidence their decision.
Section 39 of the Children and Families Act 2014, and SEND Code of Practice (paragraph 9.91-9.97), set out that the LA must consult schools before finalising the EHCP. This is also reinforced by caselaw.
3. Who pays for EOTAS and the personal budget?
If EOTAS is agreed and specified in Section F of the EHCP, the LA is responsible for paying for the provision, which may include online schooling. The personal budget can be used to arrange some or all of this provision, if agreed by the LA and specified in the EHCP.
The school does not pay for EOTAS, unless some kind of joint funding or arrangement is agreed, but the legal duty sits with the LA.
4. Was it correct to insist your child remains on roll until alternative provision is in place?
Yes. The law and statutory guidance require that a child should not be removed from a school roll until suitable alternative education is in place (Education (Pupil Registration) (England) Regulations 2006, Regulation 8(1)(h), and guidance from the DfE).
If a child is removed from roll before appropriate provision is arranged, this could constitute an unlawful exclusion or a breach of the LA’s duty under Section 19 of the Education Act 1996.
5. Practical process and next steps
The LA must gather all relevant evidence and consult with settings before making a final decision on EOTAS. This is to ensure that EOTAS is only named where education in school is not suitable and EOTAS is necessary.
You were not wrong to request EOTAS and to insist that your child remains on roll until suitable provision is in place.
Answers from the No-nonsense Guides
No-nonsense Guide to Disability Law in Education
Question 3.1.3Q: When does a local authority have to agree to EOTAS (education otherwise than at school)?
A: The LA must secure EOTAS under section 61 CFA 2014 if satisfied that it would be inappropriate for the provision to be made in a school. This requires clear evidence and is a high threshold. EOTAS should be considered only if it is absolutely necessary. The decision is for the LA, not the school, although advice from professionals and the school will be taken into account. The LA remains responsible for the funding and arrangements if EOTAS is named in the EHCP.Noddy No-nonsense Guide to SEN law
Section 61Q: What does section 61 CFA 2014 mean for EOTAS?
A: Section 61 says a LA may arrange special educational provision otherwise than in a school, if satisfied that it would be inappropriate for the provision to be made in a school. This must be specified in the EHCP. The LA is responsible for arranging and funding EOTAS, not the school. The LA should consult schools and other providers as part of the decision-making process.Answers from the Support SEND Ask Experts
EOTAS and school roll – can my child be taken off roll before EOTAS is in place?
Q: Can the LA remove my child from the school roll before EOTAS is arranged?
A: No, a child should not be removed from roll until suitable alternative provision is in place. The LA must ensure continuous education provision. See Education (Pupil Registration) (England) Regulations 2006 and DfE guidance.Relevant Statutes, Regulations, Codes and Case Law
Section 61 Children and Families Act 2014 – EOTAS
Section 19 Education Act 1996 – LA duty to provide suitable education
SEND Code of Practice, paragraphs 9.91-9.97 (EOTAS)
Education (Pupil Registration) (England) Regulations 2006, Regulation 8(1)(h)
Practical hints and tips
Keep all communications with the LA and the school in writing.
Ask the LA for a timeline and a written explanation of all consultations and their purposes.
Request copies of all professional advice used in their decision making.
Remind the LA of their duty to ensure suitable education and that EOTAS must be agreed and written into the EHCP for funding to be arranged.
If the LA delays or refuses to arrange EOTAS without good reason, you may seek legal advice or support from SEND legal charities or IPSEA.
Steer:
Was it right to request EOTAS and insist on remaining on roll? YES
Is the LA responsible for EOTAS funding? YES, if agreed in EHCP
Why are they consulting the school? Required process before EOTAS is named
Is the situation simple? COMPLEX
Would you like an external search to check for recent case law or DfE guidance updates?
- 22 Apr 2025
-
Yes
|
Complex
“This is a draft answer for you to amend, copy and paste and then publish on the Support SEND Kids website in your own name, and at your discretion. This draft is based on content already on the Support SEND Kids website including the No-nonsense guides and the relevant statutes, regulations and case law. I will provide you with a fairly lengthy draft as it is easier to delete than add!
It will start with simple summaries at the beginning (the first is designed for children (age 6) and the second for adults who need easier reading) which may be helpful for you to include when you publish as it improves access to the law and makes the Support SEND Kids website content more accessible.
I will then produce a more detailed answer typically aimed at a legal practitioner for you to amend and publish. I will also try to highlight references in the website content and identify similar existing answers for you to review in your drafting process. Lastly I will try to provide practical hints and tips drawn from the contributors in the Support Send Kids Community. I will also give you a steer as to whether I think the answer should be YES / NO /UNCLEAR and if it is COMPLEX / SIMPLE or UNCLEAR”Categorisation
Category: UNCLEAR (the answer requires explanation and context as there are several legal steps and variables in play)
Complexity: COMPLEX (this involves EOTAS, personal budgets, school roll status, and the local authority’s duties, all of which require references to law, regulations, and case law)
Super Simple summary to help a parent explain the law to a child
Sometimes, if your school can’t give you the help you need, your family can ask for learning to happen in a different way, like at home or online. The council has to think about your request and make sure you still get an education, but they have to check with your old school and other places before they make a big change. You should always have somewhere to learn before your name is taken off your school list.
Summary in simple English
If a child needs education that is not provided in a normal school (EOTAS: Education Otherwise Than At School), the Local Authority (LA) is responsible for considering this and arranging it if it is agreed to be needed in the child’s Education, Health and Care Plan (EHCP).
Before the LA agrees to EOTAS, they will often check if the current school or another school could meet the child’s needs, which is why they are contacting the school and consulting others.
A child should not be removed from a school roll unless other suitable education is provided.
Requesting EOTAS before being removed from roll is the correct step.Draft technical answer
1. Legal duties regarding EOTAS and LA funding
The Local Authority (LA) has the legal responsibility to arrange the special educational provision specified in Section F of an EHCP, whether that is at a school, at home, or through online provision, if this is specified as EOTAS (Education Otherwise Than At School) under Section 61 of the Children and Families Act 2014.
EOTAS is not decided by the school but by the LA, based on the child’s needs and evidence that education in a school is not suitable.
Funding for EOTAS provision, including online schools, must come from the LA if it is agreed in the EHCP. The current school does not have the responsibility to fund EOTAS, but the LA may wish to consult with the school to explore any possibility that the school can deliver or fund the provision, or as part of their decision-making process.
2. Why is the LA consulting the school and others?
The LA is legally required to consider whether mainstream or another school can meet the child’s needs before naming EOTAS in the EHCP. This is why they are contacting the school and consulting other independent settings: to ensure that all options have been considered and to evidence their decision.
Section 39 of the Children and Families Act 2014, and SEND Code of Practice (paragraph 9.91-9.97), set out that the LA must consult schools before finalising the EHCP. This is also reinforced by caselaw.
3. Who pays for EOTAS and the personal budget?
If EOTAS is agreed and specified in Section F of the EHCP, the LA is responsible for paying for the provision, which may include online schooling. The personal budget can be used to arrange some or all of this provision, if agreed by the LA and specified in the EHCP.
The school does not pay for EOTAS, unless some kind of joint funding or arrangement is agreed, but the legal duty sits with the LA.
4. Was it correct to insist your child remains on roll until alternative provision is in place?
Yes. The law and statutory guidance require that a child should not be removed from a school roll until suitable alternative education is in place (Education (Pupil Registration) (England) Regulations 2006, Regulation 8(1)(h), and guidance from the DfE).
If a child is removed from roll before appropriate provision is arranged, this could constitute an unlawful exclusion or a breach of the LA’s duty under Section 19 of the Education Act 1996.
5. Practical process and next steps
The LA must gather all relevant evidence and consult with settings before making a final decision on EOTAS. This is to ensure that EOTAS is only named where education in school is not suitable and EOTAS is necessary.
You were not wrong to request EOTAS and to insist that your child remains on roll until suitable provision is in place.
Answers from the No-nonsense Guides
No-nonsense Guide to Disability Law in Education
Question 3.1.3Q: When does a local authority have to agree to EOTAS (education otherwise than at school)?
A: The LA must secure EOTAS under section 61 CFA 2014 if satisfied that it would be inappropriate for the provision to be made in a school. This requires clear evidence and is a high threshold. EOTAS should be considered only if it is absolutely necessary. The decision is for the LA, not the school, although advice from professionals and the school will be taken into account. The LA remains responsible for the funding and arrangements if EOTAS is named in the EHCP.Noddy No-nonsense Guide to SEN law
Section 61Q: What does section 61 CFA 2014 mean for EOTAS?
A: Section 61 says a LA may arrange special educational provision otherwise than in a school, if satisfied that it would be inappropriate for the provision to be made in a school. This must be specified in the EHCP. The LA is responsible for arranging and funding EOTAS, not the school. The LA should consult schools and other providers as part of the decision-making process.Answers from the Support SEND Ask Experts
EOTAS and school roll – can my child be taken off roll before EOTAS is in place?
Q: Can the LA remove my child from the school roll before EOTAS is arranged?
A: No, a child should not be removed from roll until suitable alternative provision is in place. The LA must ensure continuous education provision. See Education (Pupil Registration) (England) Regulations 2006 and DfE guidance.Relevant Statutes, Regulations, Codes and Case Law
Section 61 Children and Families Act 2014 – EOTAS
Section 19 Education Act 1996 – LA duty to provide suitable education
SEND Code of Practice, paragraphs 9.91-9.97 (EOTAS)
Education (Pupil Registration) (England) Regulations 2006, Regulation 8(1)(h)
Practical hints and tips
Keep all communications with the LA and the school in writing.
Ask the LA for a timeline and a written explanation of all consultations and their purposes.
Request copies of all professional advice used in their decision making.
Remind the LA of their duty to ensure suitable education and that EOTAS must be agreed and written into the EHCP for funding to be arranged.
If the LA delays or refuses to arrange EOTAS without good reason, you may seek legal advice or support from SEND legal charities or IPSEA.
Steer:
Was it right to request EOTAS and insist on remaining on roll? YES
Is the LA responsible for EOTAS funding? YES, if agreed in EHCP
Why are they consulting the school? Required process before EOTAS is named
Is the situation simple? COMPLEX
Would you like an external search to check for recent case law or DfE guidance updates?
- 22 Apr 2025
-
Yes
|
Complex
“This is a draft answer for you to amend, copy and paste and then publish on the Support SEND Kids website in your own name, and at your discretion. This draft is based on content already on the Support SEND Kids website including the No-nonsense guides and the relevant statutes, regulations and case law. I will provide you with a fairly lengthy draft as it is easier to delete than add!
It will start with simple summaries at the beginning (the first is designed for children (age 6) and the second for adults who need easier reading) which may be helpful for you to include when you publish as it improves access to the law and makes the Support SEND Kids website content more accessible.
I will then produce a more detailed answer typically aimed at a legal practitioner for you to amend and publish. I will also try to highlight references in the website content and identify similar existing answers for you to review in your drafting process. Lastly I will try to provide practical hints and tips drawn from the contributors in the Support Send Kids Community. I will also give you a steer as to whether I think the answer should be YES / NO /UNCLEAR and if it is COMPLEX / SIMPLE or UNCLEAR”Categorisation
Category: UNCLEAR (the answer requires explanation and context as there are several legal steps and variables in play)
Complexity: COMPLEX (this involves EOTAS, personal budgets, school roll status, and the local authority’s duties, all of which require references to law, regulations, and case law)
Super Simple summary to help a parent explain the law to a child
Sometimes, if your school can’t give you the help you need, your family can ask for learning to happen in a different way, like at home or online. The council has to think about your request and make sure you still get an education, but they have to check with your old school and other places before they make a big change. You should always have somewhere to learn before your name is taken off your school list.
Summary in simple English
If a child needs education that is not provided in a normal school (EOTAS: Education Otherwise Than At School), the Local Authority (LA) is responsible for considering this and arranging it if it is agreed to be needed in the child’s Education, Health and Care Plan (EHCP).
Before the LA agrees to EOTAS, they will often check if the current school or another school could meet the child’s needs, which is why they are contacting the school and consulting others.
A child should not be removed from a school roll unless other suitable education is provided.
Requesting EOTAS before being removed from roll is the correct step.Draft technical answer
1. Legal duties regarding EOTAS and LA funding
The Local Authority (LA) has the legal responsibility to arrange the special educational provision specified in Section F of an EHCP, whether that is at a school, at home, or through online provision, if this is specified as EOTAS (Education Otherwise Than At School) under Section 61 of the Children and Families Act 2014.
EOTAS is not decided by the school but by the LA, based on the child’s needs and evidence that education in a school is not suitable.
Funding for EOTAS provision, including online schools, must come from the LA if it is agreed in the EHCP. The current school does not have the responsibility to fund EOTAS, but the LA may wish to consult with the school to explore any possibility that the school can deliver or fund the provision, or as part of their decision-making process.
2. Why is the LA consulting the school and others?
The LA is legally required to consider whether mainstream or another school can meet the child’s needs before naming EOTAS in the EHCP. This is why they are contacting the school and consulting other independent settings: to ensure that all options have been considered and to evidence their decision.
Section 39 of the Children and Families Act 2014, and SEND Code of Practice (paragraph 9.91-9.97), set out that the LA must consult schools before finalising the EHCP. This is also reinforced by caselaw.
3. Who pays for EOTAS and the personal budget?
If EOTAS is agreed and specified in Section F of the EHCP, the LA is responsible for paying for the provision, which may include online schooling. The personal budget can be used to arrange some or all of this provision, if agreed by the LA and specified in the EHCP.
The school does not pay for EOTAS, unless some kind of joint funding or arrangement is agreed, but the legal duty sits with the LA.
4. Was it correct to insist your child remains on roll until alternative provision is in place?
Yes. The law and statutory guidance require that a child should not be removed from a school roll until suitable alternative education is in place (Education (Pupil Registration) (England) Regulations 2006, Regulation 8(1)(h), and guidance from the DfE).
If a child is removed from roll before appropriate provision is arranged, this could constitute an unlawful exclusion or a breach of the LA’s duty under Section 19 of the Education Act 1996.
5. Practical process and next steps
The LA must gather all relevant evidence and consult with settings before making a final decision on EOTAS. This is to ensure that EOTAS is only named where education in school is not suitable and EOTAS is necessary.
You were not wrong to request EOTAS and to insist that your child remains on roll until suitable provision is in place.
Answers from the No-nonsense Guides
No-nonsense Guide to Disability Law in Education
Question 3.1.3Q: When does a local authority have to agree to EOTAS (education otherwise than at school)?
A: The LA must secure EOTAS under section 61 CFA 2014 if satisfied that it would be inappropriate for the provision to be made in a school. This requires clear evidence and is a high threshold. EOTAS should be considered only if it is absolutely necessary. The decision is for the LA, not the school, although advice from professionals and the school will be taken into account. The LA remains responsible for the funding and arrangements if EOTAS is named in the EHCP.Noddy No-nonsense Guide to SEN law
Section 61Q: What does section 61 CFA 2014 mean for EOTAS?
A: Section 61 says a LA may arrange special educational provision otherwise than in a school, if satisfied that it would be inappropriate for the provision to be made in a school. This must be specified in the EHCP. The LA is responsible for arranging and funding EOTAS, not the school. The LA should consult schools and other providers as part of the decision-making process.Answers from the Support SEND Ask Experts
EOTAS and school roll – can my child be taken off roll before EOTAS is in place?
Q: Can the LA remove my child from the school roll before EOTAS is arranged?
A: No, a child should not be removed from roll until suitable alternative provision is in place. The LA must ensure continuous education provision. See Education (Pupil Registration) (England) Regulations 2006 and DfE guidance.Relevant Statutes, Regulations, Codes and Case Law
Section 61 Children and Families Act 2014 – EOTAS
Section 19 Education Act 1996 – LA duty to provide suitable education
SEND Code of Practice, paragraphs 9.91-9.97 (EOTAS)
Education (Pupil Registration) (England) Regulations 2006, Regulation 8(1)(h)
Practical hints and tips
Keep all communications with the LA and the school in writing.
Ask the LA for a timeline and a written explanation of all consultations and their purposes.
Request copies of all professional advice used in their decision making.
Remind the LA of their duty to ensure suitable education and that EOTAS must be agreed and written into the EHCP for funding to be arranged.
If the LA delays or refuses to arrange EOTAS without good reason, you may seek legal advice or support from SEND legal charities or IPSEA.
Steer:
Was it right to request EOTAS and insist on remaining on roll? YES
Is the LA responsible for EOTAS funding? YES, if agreed in EHCP
Why are they consulting the school? Required process before EOTAS is named
Is the situation simple? COMPLEX
Would you like an external search to check for recent case law or DfE guidance updates?
- 17 Apr 2025
-
Yes
|
Other
17 Apr 2025
- 18 Jan 2024
-
Yes
|
Simple
Ms Lee-Foster,
This question bears significant relevance in light of the growing popularity of online schools and academies. It is worth noting that the Department of Education is in the process of developing a form of accreditation, which could possibly be seen as an acknowledgement of this trend:
Regarding your specific query: “ … does the LA pay for EOTAS, and why are they approaching the school?”
The Local Authority (LA) is indeed required to secure Education Other Than At School (EOTAS), given it pertains to special educational provision and is therefore contained in section F of an Education, Health and Care plan (EHCp). This matter is elucidated clearly in the Noddy Guide:
08.22 Is the duty on the LA to secure the provision in Section F absolute?
Put another way, if special educational provision in section F of an EHCp is not made/ provided for a child or young person it falls into the lap of the LA to sort this out. In you daughters case, it seems you would like the arrangements around online education contained in section F of your daughters EHCp, hence given CFA2014 section 42 the "duty" referred to the in Noddy Guide lies with the LA.
As for the reasons behind the LA's interaction with the school in question, only the Local Authority itself is best positioned to provide an answer to that query. If one were to speculate – and admittedly this is of little value – they may want the School to have some involvement in your daughters receipt of any online provision. Another possibility could be they are gathering evidence about whether or not the “bricks and mortar” school can educate your daughter.
Regarding whether you were correct in seeking EOTAS, it is advisable for you to refer to the Noddy Guide, specifically the section entitled “Where parents seek non-school placement such as EOTAS.”
It is important to examine:
09.330 Can the LA provide SEP outside of a school or educational institution?
which addresses the possibility of a Local Authority providing Special Educational Provision (SEP) outside of a traditional school setting. This section also makes a clear distinction between EOTAS and similar but not interchangeable alternatives.
What remains evident is the necessity for evidence to determine the appropriateness of EOTAS for your child, which is assessed by applying the test in CFA2014 section 61 which I have summarised as follows: A local authority in England can arrange necessary special educational provision outside of schools or post-16 institutions, after consulting parents or young persons, if deemed appropriate. The fact that your daughter could not manage in the mainstream schools she attended would seem relevant as it would go to in “inappropriate” part of the test. Further the EP report you refer to seems as if its contents would assist in making the case for EOTAS.
Other individuals may have additional insights on this matter, and your question may indeed prompt a more comprehensive discussion of online education in future editions of the Noddy Guide. It is worth noting that any additions in this regard would certainly be, in my opinion, “on trend”.
If you want to raise any other points, please do so as I am sure this is a topic that would interest many people. That said, did the above in combination with the relevant contents of the Noddy Guide answer your question?
Sean Kennedy.
|
Comment