Q:

09.337 Can parents agree to provide some EOTAS?

Noddy 'No-nonsense' Guide to SEN law EHCP I Where parents seek non-school placement such as EOTAS
Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
29 Mar 2023

0 I have this question too
Comment Follow Answer request
0 I have this question too
Answer Now

A: SenseCheck

  • 1 Yes
  • 0 No
  • 0 Other

Sort

  • 29 Mar 2023

  • Yes

    Complex

    Yes. Whilst in general an EHC Plan 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). 

    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?

    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    • |

  • Comment