Education Otherwise arranged by the Local Authority

Education Otherwise than at School (EOTAS).

There are two specific Acts that require a Local Authority to make arrangements for children other than at school but many Local Authorities fall short of meeting these duties and responsibilities resulting in parents succeeding with Judicial Reviews and Local Government Ombudsman Complaints. 

Section 19 Education Act 1996 (amended by s101 Education and Inspections Act 2006)

This places a duty on local authorities to make arrangements for suitable education at school or otherwise than at school for children of compulsory school who, because of exclusion, illness or any other circumstances, would not receive a suitable education for any period of time unless such arrangements were made for them. This applies in all cases where it is considered not reasonably practicable for a child to attend school.

For children who have been excluded, educational provision must start no later than the 6th day following the permanent exclusion; for medical and all other circumstances there is no legal timeframe although the statutory guidance states it must be as soon as possible and no later than the 15th day or where the absence is likely to be more than 15 days.

Where this applies, Local Authorities will usually try to meet the duty through the commissioning of Alternative Provision Free Schools, Alternative Provision Academies and Pupil Referral Units; however, some children may need more bespoke arrangements for them due to their needs and/or availability. This may include:

• Home Tuition
• Specific Therapies and Programmes
• Attendance at Independent Setting (unregistered)

Arrangements under this duty should be done so with a view to them being short-term, until the child is able to return to school again; however, in some cases a child's needs may mean that regular school attendance is not possible and therefore they need a longer term EOTAS programme.

Section 61 Children and Families Act 2014 

This duty requires Local Authorities to make arrangements for children who have SEN where the Local Authority or Tribunal has decided that all or some of a child's needs cannot be met in a school. 

Where the Local Authority or Tribunal have determined that such an arrangement is necessary it must assume full financial responsibility for the provision specified in the Plan (Section F) and may include a variety of different approaches, therapies and settings. This is very different Elective to Home Educate (EHE). Parents who decide to electively home educate their child take the responsibility for the provision and the arrangements, although in some cases the Local Authority may provide support.

Unfortunately, we have seen an increase in parents electing to home educate because they feel their child's needs are not being met in school and that they have no alternative. It is essential for parents to recognise that home education should be a choice and one that is made based on preference not because there are no suitable alternatives or a child cannot receive the support they are entitled to.

If you feel that your child requires EOTAS or you are home educating because 'the system hasn't worked' then this is a concern. Local Authorities have absolute responsibility to ensure the child is receiving all of the provision specified in the Plan (s42 Children and Families Act 2014) so if there is something missing, something is not working and/or the child's needs have changed a review is needed.  

If a child is not receiving some or all of their provision, for example because they are absent for reasons of illness, exclusion or any other circumstance then the Local Authority may be under a duty to make swift arrangements to safeguarding the education until the Plan is reviewed and it is satisfied that the child is able to receive a suitable education..

If you feel that a child is missing out because alternative arrangements have not been made for them then do get in touch with your local authority setting out why feel this situation applies to you. It is essential that local authorities are made aware as soon as possible so that they can support children in the best way possible and prevent any unnecessary delays in securing a suitable provision.  If you continue to be frustrated in doing so for any reason, then we can assist.