HRB Education can’t secure or approve EOTAS, and we don’t give legal advice. What we can offer is one-to-one teaching from SEN tutors, online or in person, with a plan built around your child’s needs and pace.
EOTAS stands for education otherwise than at school. In England, it means special educational provision that a local authority arranges outside a school or college as part of a child's education, health and care plan, or EHC plan. The council can only do this if a school would be an inappropriate place for that provision. The council arranges it, the council pays for it, and it sits inside the legal framework of the plan.
That makes it very different from home education, where parents arrange and pay for their child's education themselves, even though both can involve learning at home. The difference matters most when a school placement isn't working and a family is trying to work out what to ask for.
This article covers how EOTAS works under current law, how councils make decisions and how it compares with home education and alternative provision. It also explains what to do if you think your child needs EOTAS, and what the government proposed in its 2026 consultation. None of those proposals has become law.
The legal basis is section 61 of the Children and Families Act 2014. In plain English, it lets a local authority arrange the special educational provision a child needs somewhere other than a school, college or early years setting. Three conditions apply.
Section 61 is a power, so the decision turns on the legal test. A council doesn't have to agree to EOTAS just because a family asks for it, but the SEND Tribunal, which hears appeals about EHC plans, can order it. Once EOTAS provision is written into a child's EHC plan, the council must make sure it is delivered. That duty comes from section 42 of the same Act.
The legal test is about suitability. In TM v Hounslow, a 2009 Court of Appeal case, the question was whether it would be inappropriate for the provision to be made in a school. IPSEA, the national SEND legal advice charity, explains that it isn't enough to ask whether a school can deliver the provision. The question is whether a school would be a suitable or proper place for it.
You'll see several labels for the same idea. IPSEA and some councils call it EOTIS, education otherwise than in school. The Department for Education uses EOTAS. Some councils, lawyers and websites also use EOTAS for other arrangements, such as tuition for children who are too unwell to attend school.
In Wales, EOTAS stands for education other than at school and covers education councils provide outside a regular school, such as pupil referral units. This article covers England only. Whatever term a council uses, the thing to check is the legal basis, because that decides who is responsible.
An EHC plan is split into lettered sections, and two matter most for EOTAS.
Section F sets out the special educational provision a child must receive. When EOTAS is agreed, the package is written here. The SEND Code of Practice expects provision to be detailed and specific, so the plan should make clear what support is provided, how often and with what level of expertise.
Section I names the school or other setting a child attends. If all of a child's education happens outside school, IPSEA's guidance is that section I is left blank, because there is no setting to attend. A plan without a named school can be valid. In Derbyshire CC v EM and DM in 2019, the Upper Tribunal said there is no absolute requirement for every EHC plan to name a school or other setting in section I.
EOTAS doesn't have to be all or nothing. Upper Tribunal case law, including NN v Cheshire East in 2021, applies the test to all of the provision in section F or to any part of it. A child might attend a school part-time, for example, with other provision arranged elsewhere. In that case, the school the child attends should be named in section I.
Once the provision is in the plan, the council must secure it and fund it. Families can also ask for a personal budget under section 49 of the Act, and the council must prepare one if asked. Part or all of it can sometimes be paid to the family as a direct payment, so they can arrange certain provision themselves. The council has to be satisfied that conditions in regulations are met first, so this isn't automatic.
The plan must be reviewed at least once every 12 months. The annual review is where an EOTAS package is checked and adjusted. It's also a natural point to plan a move back into a school or college when a child is ready. Our guide to the EHCP annual review explains what should happen and when.
There's no checklist of conditions or diagnoses that qualify a child for EOTAS. Each decision turns on the child's needs and on whether a school would be an inappropriate place to meet them.
Families usually raise EOTAS after a period when school hasn't worked. The Department for Education's 2026 consultation describes placement breakdowns and long periods without the right support. It also notes that more than 90% of children receiving EOTAS are over 11.
A history of placements not working is relevant, but councils will usually want to understand why. Was the setting the right type for the child's needs? Was the provision in section F actually delivered? Would a different school, perhaps a specialist one, be a suitable place to meet those needs?
The council must have regard to the views, wishes and feelings of the child and their parents. That means it must take them into account, not that it must follow them. Cost can also be part of the picture. Case law, such as NN v Cheshire East, treats the comparative cost of the different options as one of the relevant factors.
Because EOTAS is built around the provision in section F, every package looks different. Depending on the child, it might include one-to-one teaching at home or in a community setting. It might also include therapies that count as educational provision, such as speech and language therapy, and sessions with specialist providers.
Some packages run for a set period while a child recovers or prepares to return to school. Others last much longer. What matters is that the provision is specified clearly enough to be delivered and checked.
The council remains responsible throughout. If something in section F isn't happening, the council is the body to raise it with, not the individual tutor or provider delivering a session.
These arrangements can look similar from the outside, especially when learning happens at home. Legally, they are quite different, and the differences affect who is responsible and who pays.
The comparison with home education is the one that catches families out. When parents choose home education, the council's duty to secure the provision in an EHC plan falls away, as long as the parents' own arrangements are suitable. The government's guidance on elective home education is clear that council-arranged provision at home under section 61 "is not 'elective home education'".
Children who attend a special school that the council arranged also need the council's consent before they can be taken off the school roll for home education. Our guide to homeschooling a child with SEN covers what changes when a family takes that route.
Alternative provision is different again. The Department for Education's guidance says EOTAS arranged under section 61 and elective home education are not forms of alternative provision. For a child who can't attend school, with or without an EHC plan, the council's duty to arrange suitable education under section 19 may apply. For children without a plan, it is usually the relevant route. IPSEA explains that duty in its guide to education for children who cannot attend school.
There is no single application form for EOTAS. It is usually raised through the EHC plan process. The steps below describe the general shape of that process. They don't replace specialist advice about your child.
Read section B, which describes your child's needs, alongside section F. Are the needs fully described? Is the provision specific? Is it actually being delivered? EOTAS is about where and how provision is made, so the plan first needs to set out clearly what is needed.
Talk to the school or setting as well. The SENCo can tell you what has been tried, what is being delivered and what the school thinks is getting in the way. Those conversations are useful evidence whatever happens next.
Families without an EHC plan usually start by asking the council for an EHC needs assessment. Our guide to what an EHCP is and how to apply explains that process.
Useful evidence often includes attendance records and a note of which provision has and hasn't been delivered. Reports from professionals who know your child help too, such as an educational psychologist, therapist or doctor. So do notes from meetings and your child's own views, in whatever form suits them. Keep everything factual and dated.
Where anxiety about school is part of the picture, our guide to emotionally based school avoidance may help you describe what is happening.
EOTAS can be raised at an annual review, at an early review if a placement is breaking down, or during an EHC needs assessment. Put your request in writing and explain why you think it would be inappropriate for the provision to be made in a school. The council must consult you before arranging EOTAS, and any decision should be reflected in sections F and I of the plan.
You can appeal to the SEND Tribunal about the special educational provision in the plan. You can also appeal against the school named in section I. Appeals usually arise when a plan is issued or amended, or when the council decides not to change it after a review. Before most appeals, you must contact a mediation adviser and get a certificate, although you don't have to go ahead with mediation itself.
Appeals have time limits, so get advice early. Two free sources of help are IPSEA and your local SEND information, advice and support service, known as SENDIASS. Every council must make sure families can get information and advice about special educational needs.
Check that section F says clearly what will be provided, how often and by whom where that is known. Keep a simple record of what is actually delivered. If sessions stop or a provider drops out, tell the council in writing, because the duty to secure the provision is theirs. Each annual review is a chance to look at progress and ask whether the package still fits, including whether a return to school or college is the right next step.
Reviews, assessments and appeals can take months, and a child who isn't attending school still needs to learn. If your child can't attend school in the meantime, the council may have a duty to arrange other suitable education. Some families also choose to add private support of their own, to keep learning going and protect their child's confidence. Private support doesn't replace what the council must provide, so keep asking the council, in writing, to meet its duties.
On 10 July 2026, the Department for Education opened a consultation on education otherwise than at school as part of its SEND reforms. It closed on 18 September 2026. It covered children receiving special educational provision through EOTAS, children out of school because of their health, and children receiving alternative provision from accredited online providers.
This section was last checked on 8 October 2026.
Section 61 and the rest of the framework described above still apply. The government's guide for parents says plainly that "Nothing is changing now" and "No decisions have been made". On 8 October 2026, the consultation page said the department was analysing the feedback, and no government response had been published.
The consultation sought views on several proposals.
The government says any changes would come into effect from September 2030 at the earliest, and only if approved by Parliament. Under the proposals, children of secondary age or older already receiving EOTAS would be able to continue with their existing arrangements. Younger children would go through a supported process, and the government says no child would "simply be moved without consideration of their individual needs".
The wider reforms are set out in the February 2026 Schools White Paper, and the government has announced an Education for All Bill. In September 2026, the House of Commons Library reported that no date had been confirmed for the bill's introduction to Parliament. If you are making decisions now, base them on the law as it stands.
EOTAS exists for children whose special educational provision can't appropriately be made in a school. It is arranged and funded by the council through the EHC plan, and it can be challenged at tribunal like other parts of the plan. Home education is a different choice, with different responsibilities. The 2026 proposals may change how EOTAS works in future, but they haven't changed it yet.
If you're working through these decisions, independent advice from IPSEA or your local SENDIASS should come first. Good teaching still matters while you do, whether your child is in school, waiting for a decision or learning at home. If one-to-one support would help, talk to HRB Education about your child. Tell us their age, their needs and their current situation, and we'll be honest about whether our SEN tutoring or homeschooling programmes are the right fit.
In practice, no. The government describes EOTAS as part of an EHC plan, and the provision itself is set out in section F. A child who can't attend school and has no plan may be covered by the council's duty to arrange suitable education under section 19. Parents can also request an EHC needs assessment.
No. Under EOTAS, the council arranges and pays for provision set out in a child's EHC plan. Under elective home education, parents take on that responsibility themselves, and the council's duty to secure the plan's provision falls away if their arrangements are suitable. Both can involve learning at home.
The council. Once EOTAS provision is in section F of the plan, the council must secure it. Families can ask for a personal budget, and the council must prepare one if asked. Direct payments are only made when the council is satisfied that conditions in regulations are met.
Yes. EOTAS is reviewed at least every year through the annual review. When a child is ready to return to school or college, the plan can be amended to name a setting. The 2026 consultation also proposed more support for children who want to return.
Not yet. Nothing has changed in law, and the government says any changes would start from September 2030 at the earliest, if Parliament approves them. Under the proposals, older children could keep their existing arrangements, and younger children would go through a supported process.
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