What happens if you turn down two settings offered by the LA (one AP one a school) because you do not think they will meet needs (backed up with professional evidence)? Can I hope to get EOTAS?
I am currently in the process of taking the LA to tribunal for section B, E, F and I. They failed to put in a lot of the EP evidence and failed to do a SaLT or OT assessment despite the EP report stating it was needed and me asking for them to be done.
A: SenseCheck
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- 08 Feb 2025
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Too fact specific, I can't generalise.:
Harriet P,
Assuming that your appeal pertains to EOTAS and you have evidence to support this, then rejecting the placements put forward by the LA aligns with your position.
EOTAS is comprehensively addressed in the Noddy Guide, beginning with this chapter:
09.330 Can the LA provide SEP outside of a school or educational institution?
I strongly encourage you to peruse the above chapter and the subsequent ones if you have not already done so.
A point of clarification—when you state that the two proposed placements are incapable of meeting the needs of the child or young person in question, I infer that you really mean some or all of the requisite Special Educational Provision they require must be delivered outside a conventional ‘bricks-and-mortar’ school setting, and this is the reason for turning the placements down. If this is the case, it may be prudent to articulate your reasoning in these terms and reference the evidentiary materials you have that substantiate your stance.
It is, of course, entirely legitimate for the Local Authority to propose placements. However, given that you are advocating for an EOTAS package, it is equally permissible for you to decline these placements in a measured and courteous manner. Should an impasse arise, it then falls within the jurisdiction of the Tribunal to adjudicate the matter.
I hope this proves helpful, and I look forward to reading any further contributions.
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