The Parent’s Guide to EOTAS Funding & EHCPs (2025)

Disclaimer: Sunbeam Education is a tuition agency, not a law firm. This guide provides general information about the EOTAS process based on the Children and Families Act 2014. For specific legal advice regarding tribunals, please consult a specialist SEN solicitor.

For some children, school can feel impossible. Whether due to severe anxiety, sensory processing needs, or medical conditions, a classroom setting cannot always meet a child's needs. In these specific cases, parents may need to secure EOTAS (Education Otherwise Than At School).

This is a formal legal arrangement where the Local Authority (LA) funds a full education package outside of a school setting. It is distinct from "Elective Home Education" where parents choose to educate at home and pay for it themselves. With EOTAS, the Local Authority retains legal responsibility and provides the funding.

This guide explains the legal basis for EOTAS, the evidence required to secure it, and how to structure a package.

Part 1: The Legal Side (Section 61)

EOTAS is covered under Section 61 of the Children and Families Act 2014.

This section states that a Local Authority can arrange for education to be delivered outside of school if it is "satisfied that it would be inappropriate for the provision to be made in a school."

The word "inappropriate" is the legal test. You do not just have to prove that your child is unhappy at school, or that they learn better at home. You must prove that a school setting is unsuitable for them.

What counts as "Inappropriate"?

Case law has established that "inappropriate" can cover many factors:

• Medical Needs: A consultant states the child is too unwell to attend (e.g., Chronic Fatigue, severe mental health issues).
• Anxiety: The child has a history of "school refusal" or attendance trauma where forcing them to attend causes psychological harm.
• Past Failure: The child has attended multiple specialist settings, and all have broken down.

Part 2: The EHCP Structure (Section F vs Section I)

If you are seeking EOTAS, the drafting of the Education, Health and Care Plan (EHCP) is critical.

Section F: The Provision (The "Specificity Rule")

This section details what your child will receive. For EOTAS, this must be quantified. A vague EHCP is the primary reason funding requests are rejected.

• Reject words like: "access to", "opportunities for", "regular", "as required".
• Demand words like: "10 hours per week", "delivered by", "weekly".

Example of a bad Section F:

"The child will have access to literacy support." (The LA could provide 10 minutes a week and claim they met this duty).

Example of a good Section F:

"3 hours per week of 1:1 literacy tuition delivered by a specialist tutor with training in dyslexia."

Section I: The Placement

This is often the area of dispute.

• In a standard EHCP: Section I names a specific school (e.g., "Sunbeam Primary School").
• In an EOTAS EHCP: Section I is typically left blank, or it states "Education Otherwise Than At School."

The Local Authority may try to name a school in Section I, even if your child cannot attend. If a school is named in Section I, the LA usually argues they have fulfilled their duty by offering that place, and they may refuse to fund home tuition. To get EOTAS funding, you usually need Section I to not name a school.

(Alt Text for Developer: Diagram comparing Standard EHCP vs EOTAS EHCP showing Section F specificity and Section I blank)

Part 3: How to Evidence the Need

You cannot simply ask for EOTAS. You must build a case file that proves "inappropriateness."

1. Professional Reports

You need written evidence from experts stating that a school environment is detrimental to your child.

• Educational Psychologist (EP): The EP report is the most important document. It should explicitly discuss the environment, not just academic ability.
• CAMHS / Private Psychiatrist: Evidence of anxiety or trauma related to the school building.
• Occupational Therapist: Evidence of sensory overwhelm in busy environments.

2. The "Failed" History

Keep a log of attendance and exclusions. For example, if your child has 40% attendance due to anxiety, this is evidence that the current school provision is not working.

3. Trial Periods

Often, EOTAS is agreed upon as a temporary measure after a school placement has broken down. If you are currently paying for private tuition and your child is engaging well (where they failed to engage at school), keep reports from those tutors. This proves that the education is not the problem; the setting is.

Part 4: Funding the Package (Personal Budgets)

Once EOTAS is agreed, the Local Authority must fund the provision set out in Section F.

Direct Payments

Parents often request a Personal Budget via Direct Payments.

• How it works: The LA pays you the money directly (usually monthly or termly).
• Your role: You become the "commissioner." You hire the tutors, pay the invoices, and send receipts back to the LA.
• The benefit: You have total control over who teaches your child. You can hire specialist agencies like Sunbeam Education rather than accepting whoever the council sends.

Commissioned Services

Alternatively, the LA may pay the providers directly. You still choose the providers, but the contract is between the agency and the council.

Part 5: Building a Timetable

An EOTAS package is not just academic tuition. It should be a broad curriculum. Parents often worry that EOTAS means "school at home" for 6 hours a day. It does not. A 15-hour package is often sufficient because 1:1 tuition is more intense than classroom learning.

Sample EOTAS Weekly Timetable:

At Sunbeam, we specialise in the academic and mentoring side of these packages. We work with students who have been out of education for months or years to rebuild their confidence.

Summary Checklist for Parents

1. Review the EHCP: Does Section B accurately describe why school is difficult?
2. Check Section F: Are the hours quantified? Remove vague words like "access to."
3. Gather Evidence: Do you have recent reports stating school is "inappropriate"?
4. Cost the Plan: Before you ask for a budget, get quotes. Know exactly how much 10 hours of specialist tuition costs per week.
5. Section I: Ensure no school is named if the school cannot meet needs.

How We Can Help

We support families with the delivery of EOTAS packages. We can provide:

• Specialist tutors for Section F provision.
• Detailed progress reports for Annual Reviews.
• Quotes and timetables to present to your Case Officer.

Do you have funding in place? View our EOTAS Package Tutors here

Need help getting an EOTAS Package? Have a look at our information page