EOTAS

So many children now require EOTAS with a personal budget to pay for education outside of a school setting. If you are asking for this then take a look below at the law:

The question to be asked with EOTAS - Education other than at school is whether or not education in a school would be “inappropriate”.

It is not necessary to prove that the placement is unsuitable and cannot meet the child’s needs at all; the test concerns whether provision in a school would be appropriate.

In order to consider this, the local education authority has to take into account all the circumstances of the case.

In TM v London Borough of Hounslow [2009] EWCA Civ 859, the court said the LA must take into account:

“..without giving any exhaustive list... the child’s background and medical history; the particular educational needs of the child; the facilities that can be provided by a school; the facilities that could be provided other than in a school; the comparative cost of the possible alternatives to the child’s educational provisions; the child’s reaction to education provisions, either at a school or elsewhere; the parents’ wishes; and any other particular circumstances.

The law is from Children and Families Act 61(1)&(2) and the quote is case law from the stated case TM v Hounslow