Q:
Who can request EOTAS?
I work at an SEN School & we are trying to move one of our pupils onto EOTAS, as we cannot meet need within school or the local area. The local authority are stating only they can request EOTAS and not the school. I want to know if this is true or not? & if it is not, if there is any case law to back up this up.
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 13 Dec 2024
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Other
Other
Can't answer yes or no.:
Thank you for your question, Chris F. I hope others will also contribute to this discussion.
It appears you work at a special school and the view is that it is unsuitable for the age, ability, aptitude, or special educational needs (SEN) of the child in question. Furthermore, the school has determined that some or all of the necessary special educational provision (SEP) should be made outside of a school setting – which is essentially the test for EOTAS.
I suggest that the school could present this perspective, perhaps during a review meeting. However, the statute specifies that this decision to provide EOTAS rests with the Local Authority (LA) (or a tribunal acting on its behalf) after consulting with the parents or the young person involved.
Please see the following from the Noddy Guide:
09.330 Can the LA provide SEP outside of a school or educational institution?
09.331 Does the LA have to engage with the parents or young person before providing EOTAS?
Regarding the duty to engage, it is sometimes forgotten that if "otherwise than in school" includes the family home, the LA cannot, as far as I am aware, compel a parent to allow EOTAS to be delivered at home without their explicit permission. (London Borough of Camden v KT: [2023] UKUT 225 (AAC) para 33)
In response to your question:
a) The LA must determine that it is necessary to provide some or all of the child's or young person's special educational provision be provided otherwise than at a school (which may be the home or another place).
b) This decision must be made in consultation with the parents or the young person concerned.
c) Parents or the young person can request EOTAS, and the LA can also consider this option on its own initiative.
d) While the school can suggest this option to the Local Authority (LA) and parents, it is not clear that they can formally request it. Indeed, I have heard it argued that when a school advocates for Education Other Than At School (EOTAS) — a proposition that is at variance with the view held by the parent — this could be construed as a de facto exclusion. I am not suggesting that this is the case at your school, of course. That said, a school can support the LA and parents or young person by providing evidence relevant to the application of the statutory test for EOTAS.
EOTAS is covered well in the Noddy Guide. I recommend downloading this document and reviewing the pertinent sections. The document can be found here:
Noddy No-Nonsense Guide to SEN law 2024
I hope this is helpful and no doubt all relevant parties will want to work together constructively to achieve what is in the child’s best interests.
Sean Kennedy
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