Education Other Than in School (EOTIS)

Dudley Metropolitan Borough Council is committed to ensuring all children and young people (CYP) of compulsory school age1 who live within the Council’s area receive a suitable full-time education.

For most CYP this will mean they receive their education in a school or college setting. In very limited and exceptional circumstances, where this is not possible, CYP with an Education Health and Care Plan (EHCP), may access their education otherwise than in school or college (EOTIS). It is the Local Authority’s intention to use EOTIS to support the majority of CYP back into a mainstream or specialist educational setting placement that meets their needs, at the earliest opportunity.

The SEND Code of Practice 10.39 states that:

'Local authorities must make arrangements where, for any reason, a child of compulsory school age would not otherwise receive suitable education. Suitable education means efficient education suitable to a child or young person's age, ability and aptitude and to any SEN he or she may have. This education must be full time, unless the local authority determines that, for reasons relating to the physical or mental health of the child, a reduced level of education would be in the child's best interests.'

EOTIS is only available to children and young people who have an EHCP. Children and young people may be eligible for EOTIS if they:

Have medical conditions or disabilities that prevent school attendance
Are excluded from school and no suitable alternative school placement is available
Have other exceptional circumstances that make school attendance impractical or inappropriate
Are supported by mental health professionals who indicate that they are medically unfit to attend an educational setting
Require an alternative to school due to special educational needs that cannot be met in a school setting, even with additional support

EOTIS can take various forms depending on the individual needs of the CYP. The provision necessary is determined by the Local Authority and may include but not limited to:

Tutoring: Subject-specific tutoring to support the child's education
Online Learning: Access to structured, interactive online education platforms, including virtual classrooms
Specialist Centres: Attendance at specialist educational centres that provide tailored support and learning
Vocational Training: Engagement in vocational courses and training programmes as part of their education
Home Tuition: One-to-one or small group teaching provided at the child's home or another agreed location
Therapeutic Support: Access to therapies such as speech and language therapy, occupational therapy, or counselling as part of their educational provision

The package is for academic and educational provision only, so will not include extra-curricular activities or mentoring services, unless these form part of the special educational provision specified in Section F of the EHCP. In all cases, EOTIS is expected to be time limited.

EOTIS is intended to be an interim or short-term educational provision to facilitate a CYP's return or integration into school or other suitable educational provision.

The CYP's parent (or in the case of young person aged 16 to 25 years, the young person themselves) may make a request for the Local Authority to consider exercising its power to arrange EOTIS under Section 61 of the Children and Families Act 2014 either during an EHCP needs assessment or reassessment, or during an annual or interim review of the EHCP.

There must be clear evidence as to why the CYP cannot attend any educational establishment of any type, including evidence from educational psychologists and health professionals as deemed appropriate by the Local Authority. There may be evidence from a Social Care perspective, if applicable.

In determining whether to provide or continue to provide an EOTIS package, the following process will be undertaken:

The child or young person's allocated SEND Case Officer will consider the evidence in line with the legal test
The allocated SEND Case Officer will create a summary of this evidence and discuss the case with their Senior Case Officer during weekly case progression meetings
Where the Senior Case Officer agrees that an EOTIS package may be appropriate, then the SEND Case Officer will submit a SEND Case Decision Form for discussion and approval at SEND Decision Forum (SDF)

Where EOTIS is not agreed (i.e. on the basis that the Local Authority is not satisfied that it would be inappropriate for any of the special educational provision specified in the EHCP to made in a school or college), the SEND Case Officer will continue to work with the family to ensure that appropriate educational provision is made for the CYP (i.e. by way of the child or young person’s attendance at a suitable mainstream, alternative provision, or specialist educational setting).

The purpose of this document is to clarify the legal interpretations around Education Otherwise than in School or College and identify the role of the Local Authority, Schools, families, and services in this regard.

⇩

EOTIS Dudley Statement of Intent - October 2024 (PDF 199.83KB)

Education Other Than in School (EOTIS)

Who is eligible for EOTIS?

What types of EOTIS provision can be considered?

What is the process for considering an EOTIS package?