EOTAS package: what did we achieve?
- secured Education Otherwise Than At School (EOTAS) package
- avoided school attendance penalties and fines
- achieved settlement on morning of Tribunal hearing
- tailored provision including tuition, therapy, and enrichment
- package valued at approximately £70,000 per year
For context
Tees acted for the family of a child with epilepsy, autism (ASD), and suspected ADHD who was unable to safely attend their mainstream school due to frequent seizures.
Although the child had an EHCP naming a school placement, the reality was very different. Their medical condition meant attendance was inconsistent and unsafe, leaving them effectively without access to education. The family also faced the risk of enforcement action due to non‑attendance.
How Tees found a solution
Tees advised on securing an EOTAS package, a legal solution allowing education to be delivered outside of a traditional school setting when necessary. However, Local Authorities often resist EOTAS due to cost implications.
The team built a compelling case supported by:
- medical evidence detailing seizure frequency and risk
- educational reports on learning barriers
- evidence of anxiety and neurodevelopmental needs
Settling before the hearing
Tees proposed a bespoke education package, including:
- specialist home tuition
- therapy support
- structured enrichment activities
On the morning of the hearing, the Local Authority agreed to settle. The result was a fully funded EOTAS package tailored to the child’s needs.
The outcome ensured safe, consistent access to education, improved wellbeing, and removed legal pressures from the family.
Giving you the full picture
If you feel that you or someone you know requires advice, please contact our education law team for clear, practical advice tailored to your specific circumstances.
EOTAS – Frequently asked questions
What is EOTAS provision?
Education Otherwise Than At School (EOTAS) or Education Otherwise Than In School (EOTIS) is when the Local Authority provides education outside a traditional school setting because attendance is not appropriate.
Who qualifies for EOTAS?
EOTAS is considered only as a last resort where no educational setting can be shown to meet the child or young person’s needs.
Is EOTAS legally enforceable?
Yes, if EOTAS is specified in Section F of an EHCP, the Local Authority has a legal duty to deliver it.
Can a local authority refuse EOTAS?
Yes, but their decision can be challenged through an EHCP appeal if evidence shows school attendance is unsuitable.
