As the parent of a child with an EOTIS package, where the provider is not meeting need, and it has broken down, do I have the right to source other tutoring services?

My LA are refusing to consult with another tutoring service, which I have found, and incidentally are on their tenured list of providers. My daughter has no education right now, is nearly 16 and has not even started her GCSEs. They are ignoring my urgent request for an annual review too.


Claire Oliver
06 Sep 2023

Answer Now

A: SenseCheck

  • 0 Yes
  • 1 No
  • 1 Other


  • 07 Sep 2023
  • No



    yes, this is helpful. You’ve provided me with a further piece of legislation to use, and will check the guide out. I have been through their complaints procedure and did have a solicitor for a year. Have just appealed to the judge. Meanwhile no education! 

  • 06 Sep 2023
  • Other


    Too fact specific, I can't generalise.:

    It is evident that you are facing a challenging and unsatisfactory situation regarding your daughter's Education, Health, and Care Plan (EHCp). It appears that the special educational provision detailed in section F of her EHCp, which is intended to facilitate Education Otherwise Than At School (EOTAS), is not being made, which is at variance with the LA’s obligations under  s42 CFA2014

    Regarding the Local Authority's (LA) duty to secure the provision in Section F, you may refer to the relevant guidance provided in the "Noddy Guide":

    08.22 Is the duty on the LA to secure the provision in Section F absolute?

    To address this situation effectively, you may consider utilising the LA's official complaints procedure, which should be accessible through their website. If you choose to pursue this course of action, it is usual to clearly detail all failures and request that they be rectified summarily and any 'lost provision' be made up. The complaints procedure will involve several stages, and if your concerns are not adequately addressed and the process exhausted, you have the option to approach the Local Government & Social Care Ombudsman to seek further assistance. Should you complain, I suggest you ensure prescribed timescales are adhered to.

    Additionally, it is worth mentioning the possibility of pursuing a Judicial Review. However, it is important to note that this avenue is likely more costly and less straightforward. Therefore, I will leave any guidance from individuals with more direct experience in this specific area to address this option.

    Does the above make sense? 

    Sean Kennedy

    Sean Kennedy
    Talem Law