Will we get into trouble if my son misses a lesson,paid for by LA

He has been granted education other than at school,so home educating.He sleeps all day sometimes and will miss lessons,what I want to know is where do I stand with local authorities,will they want him back in school,we are both worried this may happen,we are trying to keep his sleeping in check,but he does struggle sometimes.


04 Apr 2023

Answer Now

A: SenseCheck

  • 1 Yes
  • 1 No
  • 0 Other


  • 01 May 2023
  • Yes


    Your son is receiving EOTAS which means that the LA are of the opinion that it would "inappropriate for the provision to be made to be made in a school or post-16 institution or at such a place" for your son. 

    Whist experiencing anxiety in situations like the one outlined by yourself is understandable but the above must be borne in mind. 

    I like the approach taken in the answer given by O T, namely keeping the dialogue with the LA open, interrogative and solutions based. 

    I am sure you have done this already, but it may be worth a review of what the Noddy Guide says about EOTAS - see this link and related sections:

    09.330 Can the LA provide SEP outside of a school or educational institution?

    The Guide captures the essentials of the topic in an accurate and accessible way. 

    Sean Kennedy

    Sean Kennedy
    Talem Law

  • 11 Apr 2023
  • No


    I am a parent not a lawyer, it will be helpful to know what the lawyers think. We are in this situation right now. My son couldn't attend school, is off-rolled, has recently been given an EHCP which doesn't list a school. He is allocated 15hours/week 1-2-1 tuition by the local authority. His attendance with the tutor can be erratic. I was also anxious about what happens if he doesn't show up to a session. 

    The tutor is provided by an external firm. I keep the tutor informed of all day to day issues, such as if my son is struggling emotionally or some event has made him extra anxious. Also, I make sure I speak regularly  to my contact at the tutor agency, letting them know how my son is getting on. (This contact said that the tutors completely understand that the children have problems). I drop regular emails to our EHCP contact at our LA. The LA are providing tutoring because my son has issues that makes education difficult, therefore they need to be accepting of day to day challenges. Our experience is that everyone in the system understands this. I can't see how they would ask your son to attend school, if he doesn't cope well with EOTAS. If you talk to your LA and your EOTAS provider I hope you can get some helpful answers. Good luck with it all.

    O T

    O T
    Family with ADHD, ASD, dyslexia