EOTAS: Education Otherwise Than At School in an EHCP | EHCP Clarity
Section 61 Provision

EOTAS: Education Otherwise Than At School

EOTAS — Education Otherwise Than At School — is special educational provision delivered outside a school setting under section 61 of the Children and Families Act 2014. It is appropriate where the LA is satisfied that no school placement can meet the child's needs. EOTAS packages are LA-funded and typically include specialist tutoring, therapeutic input, social opportunities and life skills work, all specified in Section F of the EHCP.

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Quick answer

EOTAS is named in Section I of an EHCP and the provision package is set out in Section F. The legal test under section 61 CFA 2014 is whether it would be inappropriate for provision to be made in a school. EOTAS packages typically cost £30,000-£60,000/year and include specialist tutoring, therapeutic input, online learning, and social opportunities. EOTAS is increasingly common for children with severe anxiety, complex needs, or where school placements have demonstrably failed.

The legal basis for EOTAS

Section 61 of the Children and Families Act 2014 provides that the LA may arrange for any special educational provision in a child's EHCP to be made otherwise than in a school or post-16 institution where the LA is satisfied that it would be inappropriate for the provision (or any part of it) to be made in such a setting.

The SEND Code of Practice (paragraph 9.131) confirms EOTAS as a legitimate option and notes that LAs should consider EOTAS where the evidence shows that school provision would be inappropriate. There is no minimum or maximum age for EOTAS — it can be specified for children at any age including post-16.

EOTAS is distinct from elective home education (parent-led under section 7 of the Education Act 1996) — under EOTAS, the LA arranges and funds the provision; the parent is not the educator. The child retains all EHCP rights including annual review, amendment, and Tribunal appeal.

When EOTAS is appropriate

EOTAS is appropriate where, after careful consideration of the child's needs and what schools can offer, no school placement is suitable. The section 61 test requires evidence that school would be 'inappropriate' — a high bar but one that many children's circumstances clearly meet:

  • Severe anxiety / EBSA where multiple placements have failed despite reasonable adaptation
  • Complex medical needs requiring specialist environment unavailable in schools
  • PDA profiles where school environments cannot manage demand and adapt
  • Profound mental health needs requiring therapeutic-led approach incompatible with school setting
  • Sensory needs that cannot be accommodated in any school environment
  • Autism profiles with extreme demand intolerance and sensory dysregulation
  • Trauma-related needs requiring intensive therapeutic input alongside education
  • Failed transitions to multiple settings demonstrating school is not viable

What an EOTAS package typically includes

Specialist 1:1 tutoring

Typically 10-25 hours per week of qualified teacher input. Subjects matched to child's profile. Often covering core curriculum (maths, English, sciences) plus areas of interest.

Online learning platform

Wraparound online curriculum (e.g. Interhigh, Wolsey Hall, EdPlace) for breadth beyond what tutors can deliver. Specified hours per week.

Therapeutic input

Counselling, psychotherapy, OT sensory work, SALT social communication work — quantified per week with named professionals.

Social opportunities

Small group activities, special interest clubs, supervised peer engagement, often through specialist providers. Specified frequency.

Life skills and PHSE

Independent living skills, road safety, money skills, online safety, healthy relationships — important particularly for older children and post-16.

Physical activity

Swimming, riding, sport, outdoor education. Critical for wellbeing and motor development.

Forest school / outdoor education

Increasingly common element — sensory regulation benefits and engagement for many neurodivergent children.

Coordination and review

Named coordinator (often LA case worker or independent specialist), termly reviews, parent-LA communication structure.

How to argue for EOTAS in your EHCP

  1. 1

    Document why school is not appropriate

    Failed placements, escalating anxiety or distress, attendance trajectory, behaviour incidents, mental health deterioration. The section 61 test requires evidence that no school can meet needs — build the picture.

  2. 2

    Get professional support for EOTAS

    EP report recommending EOTAS, CAMHS or paediatric input on why school is not sustainable, OT or SALT recommendations on environmental needs. Where professionals support EOTAS, the case is significantly stronger.

  3. 3

    Cost a comprehensive EOTAS package

    Identify tutors (often through specialist agencies), therapeutic input, online learning platforms, social opportunities. Calculate hours and costs. A detailed costed proposal demonstrates EOTAS can meet needs and is often cheaper than residential alternatives.

  4. 4

    Trigger LA section 19 duty if currently out of school

    Where the child is already not attending, the LA has a section 19 Education Act 1996 duty to provide alternative education. This often forms the bridge to EOTAS — the LA may be funding interim tutoring that can be incorporated into the EOTAS package.

  5. 5

    Negotiate EOTAS at draft EHCP stage

    When the draft EHCP is issued, propose EOTAS in Section I with detailed Section F provision. The LA must consider your representations. Where school is named over your objection, register a Section I appeal within 2 months.

  6. 6

    Prepare a comprehensive Tribunal case if needed

    Failed school placement evidence, professional reports, costed EOTAS proposal, parent statement, attendance and incident data, mental health evidence. The Tribunal can specify EOTAS where the evidence supports it.

EOTAS costs and the cost argument

Comprehensive EOTAS packages typically cost £30,000-£60,000 per year, with some packages exceeding £80,000 for high-needs children requiring extensive 1:1 and therapeutic input. This sounds expensive but should be compared against the alternatives:

  • Independent specialist day school: £35,000-£70,000 per year
  • Independent specialist residential school: £80,000-£200,000+ per year
  • Specialist out-of-borough maintained placement: £25,000-£55,000 per year
  • Multiple unsuccessful mainstream placements with extensive 1:1: often £30,000+ per year

Where school placements are genuinely inappropriate, EOTAS is often the most cost-effective sustainable provision. The cost argument should be deployed in negotiation and at Tribunal — LAs cannot lawfully refuse EOTAS purely on cost where school is inappropriate.

Building your EOTAS case

  • Evidence of failed school placements (attendance, incident logs, school records)
  • Professional reports (EP, CAMHS, paediatric, OT, SALT) recommending against school or for EOTAS
  • Mental health evidence showing school environment is harmful
  • Detailed costed EOTAS proposal with named providers and quantified hours
  • Comparison with cost of alternative placements
  • Section 19 Education Act 1996 correspondence (if currently out of school)
  • Parent statement detailing journey and rationale for EOTAS
  • Identification of specific tutors, therapists and providers willing to deliver

Common LA pushbacks on EOTAS

  • "There is a suitable school" — challenge by detailing why named schools cannot meet needs (sensory, environment, expertise, evidence of past failures).
  • "EOTAS is too expensive" — provide cost comparison; EOTAS is often cheaper than residential or specialist alternatives.
  • "Child needs to be in school for socialisation" — counter with the EOTAS social provision (groups, clubs, supervised peer time) and evidence that school socialisation has failed.
  • "EOTAS is not for children of compulsory school age" — wrong; section 61 has no age restriction.
  • "We need to try another school first" — only sustainable where there is genuinely a placement that may meet needs; otherwise this prolongs harm.

Frequently asked questions

What is EOTAS?
EOTAS stands for Education Otherwise Than At School. It is special educational provision delivered outside a school setting under section 61 of the Children and Families Act 2014, where the LA is satisfied that it would be inappropriate for the provision to be made in a school. EOTAS is named in Section I of the EHCP and the package of provision is set out in Section F.
When is EOTAS appropriate?
EOTAS is appropriate where, after careful consideration, no school placement can meet the child's needs — typically due to extreme anxiety, sensory needs, complex medical needs, mental health needs, or a combination of factors that make any school environment unsustainable. Section 61 requires the LA to be satisfied it would be 'inappropriate' for provision to be made in a school.
How is EOTAS different from home education?
Home education (under section 7 of the Education Act 1996) is parent-arranged and parent-funded. EOTAS is LA-arranged and LA-funded under an EHCP. The LA delivers a package of provision through tutors, therapists and other professionals; the parent is not the educator. EOTAS retains all EHCP rights including annual review and Tribunal appeal.
What can an EOTAS package include?
Typical packages include: 1:1 specialist tutoring (often 10-25 hours per week), online learning, therapeutic input (CAMHS, OT, SALT, counselling), social opportunities (clubs, group activities), life skills work, physical activity, and often a forest school or outdoor education element. Section F must specify each component with hours, frequency, and qualifications.
How much does EOTAS cost the LA?
Comprehensive EOTAS packages typically cost £30,000-£60,000 per year — comparable to specialist independent school placements. LAs sometimes resist EOTAS on cost grounds, but where school placement is genuinely inappropriate, EOTAS is often cheaper than the alternative residential or out-of-borough placement.
How do I argue for EOTAS at the SEND Tribunal?
The argument has two parts: first, that no school placement can meet the child's needs (the section 61 test), and second, that the EOTAS package proposed is appropriate. Evidence: failed school placements, professional reports recommending against school, mental health input, attendance trajectory, and a costed EOTAS proposal demonstrating it can meet needs.
Can EOTAS be temporary or part-time?
EOTAS can include flexi-schooling arrangements (some EOTAS plus part-time school attendance) where appropriate. EOTAS can also be reviewed at annual review and may transition to school placement as the child's needs change. Some children remain on EOTAS for years; others use it as a stepping stone.
What if the LA refuses EOTAS in Section I?
Section I is appealable to the SEND Tribunal. You have 2 months from the final EHCP. The Tribunal can specify EOTAS in Section I where the evidence supports it. EOTAS appeals are increasingly common and frequently successful where school placements have demonstrably failed.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.