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• 12 Feb 2025

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  Ms Jukes,

  It is certainly possible for your 17-year-old son to receive an EOTAS (Education Other Than at School) package. However, this would be contingent upon meeting the requirements contained in s61 the Children and Families Act 2014. In broad terms, this states:

   

  A local authority in England may arrange special educational provision outside of schools, post-16 institutions, or early years education settings if it determines this to be necessary for a child or young person under its jurisdiction. However, this can only be authorised if the authority deems it inappropriate for the provision to be delivered within conventional educational settings. Before making such arrangements, the authority must consult with the child’s parent or, where applicable, the young person directly.

   

  If you wish to explore the practical application of this legislative provision, I recommend a thorough review of the relevant sections of the Noddy Guide, particularly those addressing EOTAS including:

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

  09.332 Can only some SEP in Section F be made otherwise than in a school or educational institution?

   09.333 In order to determine whether it would be inappropriate, do you just ask whether the provision “can” be made in a school or education institution? 

   09.334 Is it enough to show it is inappropriate for SEP to be made in the LA’s preferred school or educational institution? 

  The nature of the educational opportunities available to him would depend on his specific circumstances. For instance, while a practical course in nuclear physics may be unfeasible, a mathematics programme could very well be a viable option. I trust you appreciate the point.

  I hope this information proves useful, and I look forward to any further contributions to this discussion.

  Sean Kennedy.

   

  

  Sean Kennedy
  Talem Law

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