Education other than at school

In exceptional circumstances, only when all other options have been considered, City of York Council (CYC) may provide ‘Education Otherwise Than At School’ (EOTAS) on a temporary basis until a suitable long-term provision is secured. EOTAS is the legal mechanism whereby a child or young person with an Education, Health and Care Plan (EHCP) can receive educational provision despite being unable to attend an educational setting. EOTAS will only be provided if the following criteria have been met:

• the child or young person has an EHCP
• CYC is satisfied that ‘it would be inappropriate for any special educational provision that it has decided is necessary for the child or young person to be made in any school and inappropriate for any part of the provision to be made in any school'

Following the guidance from NN v Cheshire East Council (SEN) [2021], UKUT 220(AAC)

This criterion aligns with Section 61 of the Children and Families Act 2014. The legal threshold for a local authority to engage this power is a high one and parents’ wishes are not generally determinative. In most cases, provision can be made in school or via an Alternative Provision (AP) programme that is co-ordinated and overseen by the school.

CYC will take into consideration the following when deciding if EOTAS is appropriate:

• the child or young person's background and medical history
• the educational needs of the child
• the facilities that can be provided by a school
• the facilities that could be provided other than at school
• the comparative cost of the possible alternatives to the child’s educational provisions, either at school or elsewhere
• the parent’s wishes (although they are not generally determinative)
• any other circumstances that apply to a particular child

Following the guidance from TM v London Borough of Hounslow

If the local authority do not agree that EOTAS is appropriate, parents have the right of appeal.