Can EOTAS be forced?

[Wednesdayy123]

We are going through tribunal for DS. School I am trying to name is LA SS, there are 2 both in the county either would suit DS. They are currently giving 'incompatible with the efficient education of others'. I know they have to prove this, and they are going to be consulted once again.. very soon for the last time before tribunal.

So many schools have been asked including independent settings and no placement offers. I am set on either of the LA SS they are absolutely the right place for him.

I am worried about EOTAS being forced if it can? I know all evidence will be considered and it all points to SS but what if tribunal sides with the schools reason's?

For EOTAS/EOTIS to happen, you must be consulted and your/DC’s views taken into account, but section I could still be left blank even if you object when consulted. However, you can’t be forced to accept any provision at home. There has been a recent JR case reiterating this.

LAs don’t like EOTAS/EOTIS. Many people have to appeal. It is unlikely the LA would want to go down the EOTAS/EOTIS route unless you push for it. This is especially so if you made it clear (if the LA brought it up) you would demand a full package and you wouldn’t be accepting a few hours of tuition as the easy route out. This coupled with the high bar to prove one of the exceptions in s39 of the CFA 2014 and the bar for EOTAS/EOTIS as per s61, I think you are worrying unnecessarily at the moment.

Some of the judges with SENDIST now really dislike EOTAS and have a bee in their bonnet about it. So you should use EOTIS with them. You don’t want to risk annoying the judge if they are one of those judges. It makes me want to roll my eyes. It isn’t like there isn’t anything better to focus on than the vowel used!

Thanks for your reply. I will use EOTIS from now on.. I hope I am worrying unnecessarily, I know LA'S dislike it and many parents have to fight for it which is why I keep telling myself it won't happen. I was very clear when it was mentioned by the caseworker, that I'm against it and that it would be ridiculous as there absolutely is a suitable school for him. Infact a EOTIS package would be unsuitable, we have battled to find the right AP for him. He needs a holistic setting. Hearing is 9 weeks away, final evidence has been extended up until 2 weeks before. I got the email about extended evidence deadline, this surprised me that is was so close close to the hearing.

If it isn’t inappropriate for provision to be made in a school, then EOTAS/EOTIS won’t legally be an option.

As an aside though, EOTAS/EOTIS doesn’t have to be via an organised AP. Such packages are completely bespoke to the individual’s needs, so it would be provision that was suitable.

The term 'inappropriate' does that include when all schools are saying (within travelling distance) - 'addition of the pupil is incompatible with the efficient education of others' and the evidence they provide 'proves' this?

Not necessarily. It really depends on the individual case.

You might find it helpful to read some of the case law around EOTAS such as NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC), M v Hertfordshire CC [2019] UKUT 37 (AAC), Derbyshire CC v EM and DM [2019] UKUT 240 (AAC) and AA & BB v Bristol City Council [2023] UKUT 52 (AAC).

I will have a read thank you