Tribunal and EOTAS

[philipwright]

So I filed an appeal to the tribunal not to issue a EHCP for my son and today I received an email from the LA that stated "I have reviewed both the evidence that you provided to the tribunal and the documentation previously submitted to SEN panel in order to reconsider the panel’s original decision.
I am pleased to inform you that I have taken the decision to proceed *** to Stage 2 needs assessment"

so apparently this means we will now draw up a plan? the college already stated it was not appropriate for him to attend and kicked him off the course (he can no longer leave the house at present). He was 18 recently but I am very curious about having EOTAS provisions in the plan, can anyone provide any examples of what it actually is in practice and how it can be used to actually educate him from home? anyone had one? pros cons? any help or advise is greatly appreciated.

EOTAS is bespoke to the individual so every package will look different.

It could include: tuition, online school, mentor, TA time, therapies (e.g. SALT, OT, physio, MH therapies, hydrotherapy, rebound therapy), social skills support, emotional interact support, sports/exercise, an AP (e.g. care farm, sports AP, outdoor adventures AP, forest school…), supported work experience, drama/music/cooking lessons, equipment/resources, memberships/subscriptions, a budget for trips out/accessing the community. The possibilities are endless.

You will need to prove no placement is suitable, not just that particular college.

DS1 has a comprehensive EOTAS package including tuition, therapies, other provision, equipment/resources, memberships/subscriptions, a budget for other thing, professional time etc.

Hi.
just wanted to say this info you have shared has just given me an insight into an area I wasn’t aware off but need to brush up on as my daughter only yesterday was offered one off these packages via the LA .
I had to extradite the tribunal hearing which has then actually got the la to sort something as couple weeks ago I was getting prosecution letters for none attendance. Daughter not had any education for 18 months now.

If DD is CSA the LA must provide alternative education under s.19 of the Education Act 1996. This should have been provided once it became clear DD would miss 15 days.

I know but trying to get them to adhere to it is so hard they think their a law upon themselves . On to the ombudsman.

You can force the LA to provide the provision via judicial review. Sometimes the threat of JR to the Director of Children’s Services works, but if it doesn’t a pre-action letter mostly does.

think I’m past that not shore new to me this is .

Unless you are in JR proceedings you aren’t passed that stage.

oh Really could you explain as this is defo something I would do .

Under s.19 of the Education Act 1996 LA’s must provide a suitable, full time education for CSA pupils unable to attend school. This should begin once it becomes clear 15 days will be missed, the days don’t need to be consecutive or already missed.

If this isn’t forthcoming the provision can be enforced via judicial review. Firstly you should email the Director of Children’s Services reminding them of their duties and threatening JR. If that fails contact SOSSEN for help with a pre-action letter. Then in the unlikely event that fails you would be able to proceeding with JR.