EOTAS…a living nightmare

[Holly221288]

Hi all,
I’d really appreciate some advice from anyone with experience of EOTAS (Education Otherwise Than At School). My son is 9, autistic, and has been out of school since last September due to severe anxiety and mental health difficulties. He has an EHCP naming EOTAS, but in reality, nothing meaningful has been put in place (other than Mindjam which is incredible)

At the moment, the only provision is three remote sessions a week with a MindJam mentor – someone he trusts and is able to engage with. Aside from that, I am home educating him myself using a heavily adapted curriculum that focuses on emotional regulation, sensory needs, and short bursts of learning based on his interests. It’s very limited, because his capacity is so reduced.

I’ve asked for a package that is genuinely individualised and based on what he can currently manage, which includes:

• His existing MindJam sessions
• Educational subscriptions that he can access without direct teaching or interaction (e.g. Twinkl, EdPlace, gaming-based learning tools)
• Technology to support access to learning
• A very slow, low-demand approach with no pressure, to avoid further regression

He is not able to tolerate in-person tuition, group work, or online sessions with unfamiliar professionals. I’ve explained this multiple times, but the LA keeps suggesting the usual things like home tuition or online schools – which simply aren’t realistic right now. I’ve made a stage 1 complaint and am waiting for a response, but in the meantime I feel like I’m fighting a system that doesn’t understand or want to adapt.

Has anyone been in a similar situation? What should EOTAS actually look like when a child can’t manage direct teaching? And what kind of support have others managed to secure in these cases?

Thanks so much for reading – it’s exhausting having to constantly justify why your child can’t fit into a box that wasn’t designed for them.

Is there provision in F that isn’t being provided or is the problem the EHCP is poor? If the latter, have you appealed?

EOTAS (or EOTIS is the preferred term by some SENDIST judges) is completely bespoke. The possibilities are endless.

Some examples include:
Therapies - e.g. SALT, OT, animal-assisted therapy, Lego therapy, hippotherapy, art therapy, hydro/aqua therapy…
Music, art, cookery, coding, drama… lessons.
Exercise - this can be anything e.g. dance, swimming, horse riding, skiing, climbing, a PT…
Alternative provisions - a range of options from things like care farms to outdoor pursuits to gaming.

More mentoring - either more mindjam, another online provider or someone in person.
Accessing the community - a budget and TA/HLTA/LSA/mentor.

Equipment - e.g. technology such as iPad &/or laptop, sensory equipment, exercise equipment, gardening equipment.
Subscriptions - e.g. subscriptions to things like magazines or audible or subscription boxes such as a gardening box, Lego borrowing box, hello fresh, little crafters boxes, kiwico crates, MEL science boxes, spectrum space boxes…
Memberships - e.g. to a trampolining place or gym membership…
Budget for resources for whatever DS’s interests are.

There is also the possibility of a tutor but not to focus on academics.

And not forgetting provisional time for things like report writing, attending the AR, training, co-ordinating and overseeing the package.

In the meantime, you can request the LA provides provision under section 19 of the Education Act 1996. IPSEA has a model letter you can use.

@perpetualplatespinning thank you for taking the time to reply.

Yes I have appealed, although only recently so we don't have a tribunal date yet.

Although they also aren't meeting any of Section F either. I have shared many of your ideas with them previously (thank you, very helpful) but all they keep coming back with is, he must have in person provision, professionals must be able to engage with him etc. This is the same response I get when I mention Section 19 too

Ultimately, you don’t need the LA to agree. It isn’t them making the decision. Focus on gathering evidence for the Tribunal. You need evidence. Submit SARs to the LA and any other agency involved. Look at independent assessments. If you can’t afford these and you aren’t eligible for legal aid, contact Parents in Need.

Once the appeal is registered, you can request an expedited hearing on the basis DS is out of school.

Not all DC have F2F in person provision in their EHCP. Some who do have completely child led provision.

If DS can’t engage, the professionals need to adapt their approach.

If provision detailed, specified and quantified in F of the EHCP isn’t being provided, email the Director of Children’s Services threatening Judicial Review. Then, if that doesn’t work, you need a pre-action letter. SOSSEN can help with this, but there is a wait so you may want to look elsewhere. If that fails, JR proceedings will work. However, enforcement action can only be taken if provision is detailed, specified and quantified. If it is vague and woolly, it is unenforceable.