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• 08 Nov 2025

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Dear Ms Lazenby,

If Education Otherwise Than At School (EOTAS) has been formally agreed under section 61 of the Children and Families Act 2014, then Section I of the EHCP should be left blank, because there is no school or college the young person attends. This position is confirmed in Derbyshire CC v EM & DM [2019] UKUT 240 (AAC) at paragraphs 15–24 and in the Noddy No-Nonsense Guide to SEN Law (v18, March 2025) at §09.336.

In such cases, Section F must include all of the detailed EOTAS provision, such as teaching hours, therapies, and other specialist input. This provision must be specific, quantified, and clear (Noddy Guide §§09.335 and 09.337).

However, if EOTAS has not been agreed under section 61, the Local Authority must name either a type of placement (for example, “mainstream”, “special”, or “independent”) or a specific institution (for example, a named school).

Issuing a final EHCP that contains nothing in Section I and no agreed EOTAS arrangement breaches Regulation 12 of the Special Educational Needs and Disability Regulations 2014 and therefore renders the plan unlawful.

Summary

Section I can only be left blank if EOTAS has been properly agreed under section 61 of the Children and Families Act 2014. If EOTAS has not been agreed, the Local Authority must name either a placement or a type of placement. Leaving both Section I and Section F blank is unlawful.

(Noddy No-Nonsense Guide to SEN Law, v18 March 2025, §§09.335–09.337; Derbyshire CC v EM & DM [2019] UKUT 240 (AAC); Regulation 12 SEN Regulations 2014)

The Noddy Guide can be downloaded here: https://supportsendkids.org/content/resource/161?parentId=157

Kind regards and I am sorry this didnt come in time for your hearing,


Sean Kennedy



Sean Kennedy

08 Nov 2025

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