Showing posts with label suitable education. Show all posts
Showing posts with label suitable education. Show all posts

⭐ 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


EOTAS in Wales – Part 2

 

What Support Can Families Expect — and What Are the Limits?

Once a Local Authority agrees that a child cannot receive suitable education in a school setting, they become responsible for arranging Education Other Than At School (EOTAS).
But what this looks like varies widely across Wales — and rarely matches the images parents first imagine.

This guide explains the realistic range of EOTAS provision, what your child should expect, what may not be included, and how to ensure the package remains meaningful and lawful.



📘 This is Part 2 of a 5-part series on EOTAS in Wales.

⬅️ Previous: Part 1 – Introduction to EOTAS  

➡️ Next: Part 3 – What EOTAS Provision Looks Like  


⭐ What “Suitable Education” Really Means (The Legal Requirement)

Under Section 19 of the Education Act 1996, the Local Authority must provide:

✔ education suitable to age

✔ education suitable to ability

✔ education suitable to aptitude

✔ education suitable to ALN

✔ education for as many hours as the child’s health or capacity allows

“Full time” does not always mean 25 hours a week.
For children who cannot tolerate school or structured learning for extended periods, part time EOTAS is lawful, as long as it reflects the child’s genuine capacity.

But the education provided must still be meaningful.


⭐ The Realistic Range of EOTAS Provision in Wales

Here is what most families actually see in practice.

⭐ 1. 1:1 Tuition (Core Subjects)

Usually English, Maths, Science.
Delivered by qualified teachers or specialist tutors.

Typical pattern:

  • 2–5 hours per week

  • Sessions often 45–60 minutes

  • Delivered in the home, library, online or in a community setting

This is the foundation of most EOTAS packages.


⭐ 2. Online Learning Platforms

Often used to supplement limited tutor availability.

This can include:

These are helpful but should not be the only form of education unless the child’s health prevents live teaching.


⭐ 3. Small Group Tuition or Outreach Centres

Some LAs use:

These offer peer contact without the pressure of mainstream school.


⭐ 4. Specialist or Therapeutic Education Programmes

Availability varies but may include:

These are usually structured and time limited.


⭐ 5. Health-Related Support

Where appropriate, EOTAS can involve:

But therapeutic input must be written into an IDP to be enforceable.


⭐ What EOTAS Does Not Usually Include

EOTAS is education, not childcare or social care.

It does not routinely include:

  • all day supervision

  • wraparound care

  • a tutor on site all day

  • multiple tutors providing continuous input

  • ongoing therapy unless assessed and specified

  • transport services

  • fully bespoke home-schooling packages

  • private therapeutic interventions

If a child needs care or supervision, this comes under Social Services and Wellbeing Act duties, not EOTAS.


⭐ Specialist Interventions: Rare, Possible and Often Tribunal-Driven

Some families ask about specialist approaches such as ABA, Intensive Interaction, or full-time online schooling. These can be provided under EOTAS in rare cases, but they are not typical, and Welsh Local Authorities almost never agree to them without significant evidence. In most situations where specialist pedagogies have been secured, this has happened through Tribunal, supported by extensive professional reports showing that no other form of education would be suitable. These approaches may be appropriate for a very small number of children, but they are not offered routinely across Wales.


⭐ Typical Hours: What Parents Can Expect

⭐ Primary-age learners

3–6 hours per week is common.

⭐ Secondary-age learners

4–10 hours per week is typical, sometimes rising to 12–15 hours in more generous LAs.

⭐ Learners with Long Covid, ME/CFS or chronic illness

Often begin with 1–3 hours weekly, increasing gradually as stamina allows.

⭐ In GCSE years

Some LAs add extra tuition if the child can cope.

These numbers often surprise parents — but reflect capacity, tutor availability and Welsh Government guidance.


⭐ Why EOTAS Is Often Part Time — Even When Parents Want More

EOTAS tends to be part time because:

  • many children cannot tolerate long sessions

  • fatigue, anxiety or dysregulation limits capacity

  • tutoring is intense and demanding

  • tutor shortages are widespread

  • Welsh guidance does not require full timetables

  • genuine learning capacity matters more than hours

A child cannot do 25 hours of EOTAS if they can only tolerate 45 minutes of learning before a crash.

Part time is not failure — it is stabilisation.


⭐ The Local Authority’s Responsibilities

Your LA must:

✔ assess your child’s capacity

✔ provide meaningful and suitable education

✔ ensure tutors are vetted and trained

✔ monitor progress regularly

✔ keep the IDP updated

✔ plan for transitions or reintegration

✔ review provision frequently

They cannot:

❌ leave you with no education
❌ claim “we have no tutors” indefinitely
❌ rely on worksheets alone
❌ push you toward deregistration
❌ use attendance penalties
❌ delay reviews without justification


⭐ Integrating Social Care (When Relevant)

Some EOTAS learners also qualify for:

  • short breaks

  • direct payments

  • carer assessments

  • emotional or behavioural support

  • sibling support

  • home support for complex needs

Families often do not realise that EOTAS plus Social Care is a legitimate combination.
If a child’s needs span both education and care, both systems must be engaged.


⭐ What a Strong EOTAS Package Looks Like

A high quality package usually includes:

  • 1:1 tuition

  • progress monitoring

  • appropriate therapeutic or emotional support

  • flexibility around health or anxiety

  • reintegration planning where appropriate

  • safeguarding measures

  • multi-agency involvement

  • clear reviews

The right package feels supportive, not overwhelming.


⭐ What Happens if EOTAS Fails?

EOTAS can become unsuitable when:

  • the child cannot engage

  • health deteriorates

  • the tutor is not a good match

  • provision is too limited

  • progress stalls

  • family circumstances change

When this happens, the LA must:

✔ review the IDP

✔ adjust or increase provision

✔ explore specialist placements

✔ involve Social Care where needed

✔ ensure education continues

Parents should document concerns in writing.


⭐ Template: Requesting an EOTAS Review

Subject: Request for EOTAS Review Under Section 19 Duties

Dear [LA Caseworker / ALN Officer],

I am requesting an urgent review of my child’s current EOTAS provision.

The package is no longer suitable because:
[brief description — capacity, engagement, tutor availability, unmet needs].

Please confirm:

  • the date of the EOTAS Review Meeting

  • who will attend

  • how updated evidence can be shared

  • whether alternative provision or increased hours will be considered

I look forward to working with the Local Authority to ensure that [child’s name] continues to receive suitable education as required by Section 19 of the Education Act and the ALN legislation.

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
_________________________________________________________________________________

⭐ Sources