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• 20 Oct 2023

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  Too fact specific, I can't generalise.:

  I regret to inform you that I cannot provide an answer as I do not have all relevant data.

  As you are aware, EOTAS stands for Education Otherwise Than at School, which means that special educational provision is delivered other than at a “school" setting, often, though not exclusively, in a domestic environment. Please refer to the following:

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

  In general terms, I am of the opinion that a local authority would  possess a power to undertake such a task, provided they are persuaded it is to meet a legitimate and lawful purpose. In this instance, I would propose that any such recommendation must be entirely based on necessity which must present a compelling case after a thorough evaluation of all available alternatives, including their associated costs.

  It is challenging to provide further insight without access to specific case details. Further there is a risk of crossing into the realm of legal advice. However, I strongly recommend reviewing the EOTAS section within the Noddy Guide, as it provides excellent coverage of this  matter, as usual.

  Incidentally, I am aware of instances in which families have received a Disabled Facilities Grant (DFG) that led to significant modifications in their homes, thereby creating a space suitable for delivering special educational provision. It is worth noting that this was not the primary purpose of the DFG, but rather an unintended benefit that often emerged, particularly during lockdown. You can find more information about DFGs here:

  https://www.gov.uk/disabled-facilities-grants

  This is an area that could greatly benefit from input from individuals with expertise in this field, and also social care and health care law. I eagerly anticipate reading their contributions.

  

  Sean Kennedy
  Talem Law

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