⭐ EOTAS in Wales – Part 3

 

⭐ EOTAS in Wales – Part 3


📘 This is Part 3 of a 5-part series on EOTAS in Wales.

⬅️ Previous: Part 2 – How EOTAS Decisions Are Made
 https://learnwithoutlimitscic.blogspot.com/2025/12/eotas-in-wales-part-2.html
➡️ Next: Part 4 – Specialist Interventions Under EOTAS  
https://learnwithoutlimitscic.blogspot.com/2025/12/specialist-interventions-under-eotas-in.html


How to Request EOTAS, What Happens If the Local Authority Refuses, and What You Can Do Next

When a child can no longer access education safely or meaningfully in school, families may reach a point where Education Other Than At School (EOTAS) becomes the only realistic pathway.

But knowing how to request EOTAS, what evidence you need, and what to do when the Local Authority refuses is not straightforward. Most parents begin this process exhausted, confused, and with very little guidance.

This article walks you step by step through the process in Wales, using clear language, real experience from families, and the legal duties that Local Authorities must follow.

⭐ When Should a Parent Request EOTAS?

EOTAS becomes appropriate when a child cannot receive suitable education in school, even with support.

This includes:

A child should not reach a crisis point before EOTAS is considered.

⭐ Before Requesting EOTAS: What You Need to Gather

Many EOTAS refusals happen because evidence is missing. These are the items that make the biggest difference:

⭐ 1. Medical or professional evidence

This might include:

A short GP letter stating that a child is currently unable to attend education carries significant weight.

⭐ 2. Evidence from school

Gather anything that shows school-based attempts to support your child, including:

The Local Authority needs to see what was attempted and why it was not enough.

⭐ 3. Parent evidence

This can include:

  • daily diaries

  • patterns of shutdown, meltdown or fatigue

  • your child’s views

  • photos or descriptions of post-school crashes

  • sleep records

Parents often think this “does not count”.
It absolutely does.

⭐ 4. A realistic understanding of EOTAS

Reading Part 1 and Part 2 first helps parents avoid disappointment, friction with the LA, and unrealistic expectations.

Part 1
https://learnwithoutlimitscic.blogspot.com/2025/12/eotas-in-wales-part-1.html

Part 2
https://learnwithoutlimitscic.blogspot.com/2025/12/eotas-in-wales-part-2.html

⭐ How to Request EOTAS (Step by Step)

⭐ Step 1 — Write to the ALNCo and the Local Authority

You must make the request in writing.
Verbal conversations do not trigger legal duties.

A template letter is included at the end of this article.

⭐ Step 2 — Request an urgent IDP Review

EOTAS sits within the IDP process.
If your child does not have an IDP yet, request an IDP assessment.

You can request a review at any time.

⭐ Step 3 — Ask for a multi-agency meeting

This should include:

  • ALNCo

  • LA ALN officer

  • school nurse if health is relevant

  • any professionals already involved

  • you

  • your child if they would like to attend

This is where you explain calmly what has been tried and why it is no longer workable.

⭐ Step 4 — Explain clearly why school is not suitable

Use simple, factual language, for example:

“My child is unable to access suitable education in a school environment due to [reason].”

Avoid blaming the school or staff.
Focus on needs, not fault.

⭐ Step 5 — Ask for EOTAS to be considered under Section 19

This shows you understand the law and expect a lawful decision-making process.

Summary of relevant Government Documents on the topic

In Wales, EOTAS (education otherwise than at school) falls under the Education Act 1996 (as amended for Wales), not the ALN Act or Code. In particular, Section 19A of the Education Act 1996 (inserted by the Curriculum and Assessment (Wales) Act 2021) explicitly covers this. For example, Section 19A(1) (titled “Exceptional provision of education in pupil referral units or elsewhere: Wales”) provides:

  • Education Act 1996, s.19A(1): “Each local authority in Wales must make arrangements for the provision of suitable education at school or otherwise than at school for children within the authority’s area who … may not receive suitable education … unless such arrangements are made for them.”business.senedd.wales

Section 19A(6) then clarifies that any child in EOTAS is to be treated as a pupil under the Act:

  • Education Act 1996, s.19A(6): “The following persons are to be treated as pupils for the purposes of this Act – (a) any child for whom education is provided otherwise than at school under this section.”legislation.gov.uk

These provisions are from the Education Act 1996 (as amended in Wales) and form the statutory basis for EOTAS. The ALN Code for Wales simply notes the duty under Section 19 of the Education Actgov.wales, but the legal source is Section 19A of the Education Act 1996 (Wales).

Sources: Education Act 1996 (c.56), s.19A(1)–(6)business.senedd.waleslegislation.gov.uk. The quoted passages include the section titles and numbering as shown. (These are not from the ALN Act or Code, but from the Education Act as amended in Wales.)

⭐ The Most Common Mistake That Leads to EOTAS Refusal

Many parents ask for EOTAS too early, before school has attempted the adjustments expected under the ALN Code.
This almost always results in refusal and months of delay.

EOTAS is usually approved after:

  • adjustments have failed

  • reduced timetables have not worked

  • reintegration attempts have collapsed

  • medical needs are documented

Not because the child is undeserving — but because the LA must show they followed the correct legal sequence.

⭐ What Happens After You Make the Request

The Local Authority will usually:

  1. acknowledge your request

  2. arrange an IDP Review

  3. look at the evidence

  4. ask the school for additional information

  5. consider further adjustments

  6. arrange short term tuition if appropriate

  7. send the case to the EOTAS Panel

  8. issue a written decision

If EOTAS is approved, the LA must arrange suitable provision as soon as reasonably possible.

If refused, continue below.

⭐ If the Local Authority Refuses EOTAS

A refusal is not the end of the process.

Here is what to do next:

⭐ 1. Ask for the refusal in writing

This prevents confusion about what was actually said.

⭐ 2. Ask what evidence they relied on

This identifies gaps and misunderstandings.

⭐ 3. Request another IDP Review

There is no limit on how many you can request.

⭐ 4. Gather additional evidence

A short update from the GP or school nurse can shift an entire case.

⭐ 5. Keep a log of deterioration

Patterns are powerful:

Logs are often more persuasive than long reports.

⭐ 6. Request interim medical needs tuition

Your child cannot be left without education while decisions are pending.

⭐ 7. Challenge the decision

You can:

  • ask for reconsideration

  • submit a complaint

  • escalate within the LA

  • use dispute resolution

  • appeal to Tribunal

Most specialist interventions (such as Intensive Interaction, full online packages or ABA) only become available when a Tribunal orders them.
These are rare and usually require extensive evidence.

⭐ When Tribunal May Be Necessary

Tribunal is appropriate when:

  • your child cannot attend school safely

  • the LA insists on reintegration with no evidence base

  • medical needs are being ignored

  • reduced timetables are drifting

  • interim tuition is inadequate

  • no school placement is suitable

  • EOTAS is clearly the only lawful option

Tribunals focus on evidence.
Build your case carefully and calmly.

⭐ If You Are Encouraged to Deregister

Families across Wales still report subtle or direct pressure to deregister.
It is important to know:

❌ You do not have to deregister

❌ Deregistration removes the LA duty to provide EOTAS

❌ Schools must not suggest deregistration as a shortcut

✔ The LA must consider EOTAS before deregistration is ever raised


👉 How to Deregister from a Welsh School: A Step by Step Guide for ALN Families
https://learnwithoutlimitscic.blogspot.com/2025/11/how-to-deregister-from-welsh-school.html

⭐ Template Letter: Request for EOTAS Consideration

Subject: Request for EOTAS Consideration Under Section 19 EA 1996

Dear [ALNCo or LA Officer],

I am writing to request that the Local Authority consider whether Education Other Than At School is now required for my child, [child’s name], under Section 19 of the Education Act 1996 and the ALN Act.

Despite the support already in place, [child’s name] is currently unable to access suitable education in a school environment due to [brief reason].

I request:

  • an urgent IDP Review

  • a multi agency meeting

  • a referral to the EOTAS decision-making panel

Please confirm:

  • the next available meeting date

  • what additional evidence is required

  • whether interim tuition will be arranged

Thank you for your help. I look forward to ensuring that [child’s name] receives suitable education as required by law.

Kind regards,
[Your Name]

__________________________________________________________________________________

📚 **EOTAS in Wales – Full Blog Series**


Part 1 – Introduction to EOTAS  

https://learnwithoutlimitscic.blogspot.com/2025/12/eotas-in-wales-part-1.html


Part 2 – How EOTAS Decisions Are Made  

https://learnwithoutlimitscic.blogspot.com/2025/12/eotas-in-wales-part-2.html


Part 3 – What EOTAS Provision Looks Like  

https://learnwithoutlimitscic.blogspot.com/2025/12/eotas-in-wales-part-3.html


Part 4 – Specialist Interventions Under EOTAS  

https://learnwithoutlimitscic.blogspot.com/2025/12/specialist-interventions-under-eotas-in.html


Part 5 – Multi-Agency Working & Provider Support  

https://learnwithoutlimitscic.blogspot.com/2025/12/specialist-interventions-under-eotas-in_01577358569.html


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