EOTAS on health grounds - CVI & epilepsy

My child has an EHCP in place. He understands alot but has huge barriers in communication so cannot tell me how he is feeling.

His vision fluctuates from being not great to being completely blind depending on how cluttered the environment is and how much visual or auditory clutter there is(clutter includes humans of course). He is in an SEN provision, class of 10 and each school evening he gets home and has a huge meltdown due to the stress on his vision and each school night he is having an average of 5 epileptic seizures as a result of this same stress.

We are in between a 2 day tribunal and a further 1 day adjournment hearing. I obviously dont want to get in trouble with LA but i cant watch my child health being continually impacted upon as a result of complying with sending him to school. If i take my child out of school for a month or so prior to the next hearing for these health reasons what, if any bearing will it, or is it likely to have on EOTAS and being able to implement provision at home in a distraction free environment?

Thank you in advance


Sen mum
09 May 2023

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A: SenseCheck

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  • 10 May 2023
  • Yes


    As far as I can see  the Tribunal (standing in place of the LA) would have to apply the test for EOTAS (if this were the preference of the child or young person) regardless of any school attendance issues at the time of the hearing. I think in such circumstances it is certainly would make sense to make sure that the medical evidence clearly substantiated removal from school and the LA were in possession of this. I cannot clearly  predict how your LA would respond, but I have found LA's generally receptive in such cases where medical evidence points to an inability to attend school. I would like to think a school would also be supportive when it was clear a child could not attend school for genuine, evidence based reasons. 

    During any such schooling interregnum, I think any parents should consider asking the LA to make arrangements for the provision of 'suitable education' - which is not the same as EOTAS

    09.339 Is the LA’s duty to provide suitable education under EA 1996 s19 the same as EOTAS under CFA 2014 s61?

    I look forward to reading other contributions.


    Sean Kennedy

    Sean Kennedy
    Talem Law