What is EOTIS?
EOTIS is ‘education otherwise than in school’ – sometimes this is called EOTAS.
It refers to a specific duty: section 61 of the Children and Families Act 2014, which allows a local authority to provide special educational provision for a child or young person other than in a school (or an early years or post-16 setting) – but only when satisfied it would be inappropriate for the provision to be made in a school/setting.
It is expected that section I of the EHC plan (where the setting would usually be named) will be left blank if the local authority decides it would be inappropriate for any of the provision to be made in a school or early years/post-16 setting.
Sometimes, it may be appropriate for some of the provision to be made in a school or early years/post-16 setting named in section I.
In either case, it is expected that section F (special educational provision) specifies any provision that is to be made otherwise than in a school or post-16 setting.
Section F must also include and special educational provision which is to be provided in the school or setting).
Can I request EOTIS for my child?
When you receive a draft new or amended EHC plan (at annual review), you will be asked which setting you would like to be named (in section I of the plan).
You might want to ask for an early review of the plan, if the annual review isn’t for some time.
If you believe it would be inappropriate for your child to receive some, or all, of their education in a school or early years/post-16 setting you can let the local authority know when you respond to the draft plan.
The local authority would have to be satisfied that it would be inappropriate. It is therefore important to let them know the reasons and highlight any evidence or additional information which backs up your request. Your child or young person’s voice is important and include their views and wishes too.
It can be difficult sometimes working out what you believe will be best for your child or young person. If you are uncertain about whether school or college might be appropriate, or are unclear about your right to request a particular school or setting, our page here may be helpful:
Choosing and naming a school (or setting) in an EHC plan
What if the local authority disagrees?
If the local authority does not agree with your request for EOTIS, this means it is not satisfied that it would be inappropriate (for provision to be made in a school or early years/post-16 setting).
Once an EHC plan has been finalised, you will have 2 months in which to make an appeal to the SEND Tribunal. For appeals concerning EOTIS, you will need to appeal the contents of the plan and, depending on what is stated in section I, you may need to appeal this too.
See our information about appealing, which takes you through the process and includes information about building your case: Appealing to the SEND Tribunal
Before you appeal, you will need to consider mediation as a first step. Read more about this on our website here: Mediation
To be successful, you will need to show why it would be inappropriate for special educational provision to be made for your child or young person in a school or early years/post-16 setting.
As well as your child/young person’s views, reports or letters from school (including their attendance record, if relevant) and advice from specialist services or health professionals can all be helpful information to include through mediation and/or appeal.
Look for anything which shows the difficulties your child has experienced with their education including accessing or taking part in school/college life.
You can contact us directly for tailored information and advice about mediation or appealing.