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• 02 Mar 2026

No

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Simple

Really the answer is NO - But!

Ms Edwards — based on the general legal position (and without looking at any extra documents or evidence) this is my answer:

A. Can you be forced into EOTAS?
In general, you should not be pushed into EOTAS just because schools are saying “no”. That said, if the local authority can show that education in a school is not suitable for your son (either in full or in part), then EOTAS may be treated as an option.

B. What is the legal test for EOTAS?
Education Otherwise Than At School (EOTAS) is usually only used where the local authority is satisfied that it would be unsuitable (to use the term generally) for your child or young person’s special educational provision to be provided in a school, either in full or in part. This test is in the Children and Families Act 2014 (section 61). The local authority would also be expected to consult the parent and, where relevant, the young person, before deciding on EOTAS (including in post-16 cases).

S61 The Children and Families Act 2014 


Where the main issue is running off, climbing, or other safety risks, the key question is often: can a school keep him safe with the right staffing, supervision and support written clearly into the EHCP? If not, that may be why the local authority says school is not suitable (in full or in part).

C. If EOTAS happens, can you say what they should provide?
You may not be able to decide this on your own, but you can usually expect the EHCP to be very clear about what support will be provided. If your son is getting EOTAS (in full or in part), it is even more important that the EHCP clearly sets out:

1. how many hours of education he will get each week;
2. who will provide it (and what experience/skills they must have, if needed);
3. where and how it will happen (1:1, small group, at home, in a community base, online, etc.);
4. what behaviour and safety support is included; and
5. exactly how the running off/flight risk will be managed (for example, staff numbers, supervision, and safety plans)

 

D. Can the local authority make you deliver EOTAS?
Usually, no. The EHCP should not make you provide the teaching or support yourself unless you agree. If you do not want to deliver EOTAS yourself (in full or in part), you can say so.

E. Does EOTAS have to happen in your home?
Not necessarily. Your home should not be treated as the default without proper discussion. In some cases, the local authority may propose education delivered at home by its own staff or providers, but this still needs to be workable in practice and will usually require cooperation/consent so it can be delivered safely. If you do not agree to home delivery, it is reasonable to ask the local authority to look at other venues (for example, an education base or another suitable community setting) so that education can be delivered safely and consistently.

F. Is a diagnosis (like ODD) needed?
No. A formal diagnosis is not required. The focus is on your son’s needs, how they affect him day to day (including safety risks like running off), and what support is needed to educate him safely. In simple terms: the emphasis is on need and support, not labels.

G. Can you challenge EOTAS?
Yes. If the local authority issues (or keeps) an EHCP that provides for EOTAS (in full or in part) and you disagree, you can appeal to the SEND Tribunal. The Tribunal can change the EHCP, including your son’s needs, the support he must get, and the placement (including whether a school should be named, and whether EOTAS is right).

H. Can EOTAS be short-term while you look for a school?
Yes, sometimes. An EOTAS package can be used as a temporary step so your child still gets education while you look for the right placement. If this happens, it helps to keep it time-limited, with clear goals and review dates, rather than letting it drift into something open-ended (unless the evidence shows school is not suitable).

I. Why evidence matters
Evidence is very important, especially where there are safety risks and schools are reluctant. A general point is that when placements break down, it is often because the child’s needs have not been fully understood; and if needs are not fully understood, it can be near impossible to set out all the right support.
It usually helps if professional evidence clearly covers: (i) your son’s needs and how they show day to day; (ii) the impact on learning and safety; and (iii) the exact support needed, including staffing/supervision and any specialist input.

J. Practical next steps
You could consider:

1. asking the local authority to confirm in writing why it thinks school is not suitable (in full or in part), and which schools it has contacted and why they refused;
2. making sure the evidence clearly explains your son’s needs and risks (including running off/climbing) and what staffing/support is needed; and
3. asking for any EOTAS package to be written clearly into the EHCP (hours, staff, venue, and safety arrangements), with clear review dates.

 

K. Avoid “informal EOTAS”
If EOTAS is suggested, you may want to avoid being left with an informal expectation that you will “just home educate” without a clear, funded and deliverable package written into the EHCP.

In summary: you may be able to push back against EOTAS being treated as the automatic answer just because schools are refusing him. If EOTAS is proposed (in full or in part), it is very important that the EHCP is written clearly so everyone knows what support will be provided, by whom, where it will happen, and how safety risks will be managed — and it should not shift delivery onto you unless you agree. Remember it is the LA's duty to provide special educational provision. 

I hope this is helpful. You are advised to download the excellent Noddy Guide which can be found here: https://supportsendkids.org/content/resource/161?parentId=157
 

This provides comprehensive coverage of EOTAS and you will undoubtedly find it invaluable.

Best wishes.

 



Sean Kennedy

02 Mar 2026

This is helpful

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