BROMLEY SEND LOCAL OFFER

Education otherwise than in school or college (EOTISC) Policy

Also known as education otherwise than at / in school (EOTAS / EOTIS). EOTISC stands for education otherwise than in school or college and is education provision to meet the specific needs of children and young people (CYP) who, for specific reasons, neither a mainstream nor special school is suitable at this point in a child or young person’s education journey.

This is a formal special education package made under an education, health and care plan (EHCP), for which the local authority, in this case Bromley Council, remains legally responsible for.

The Local Authority, Bromley in this instance, needs to be satisfied that any education setting would not be appropriate for the child or young person. The Local Offer information on EOTISC can be found on Bromley Council’s site.

The law around EOTISC

An EHCP is necessary for EOTISC provision to be put in place. Under section 61 of the Children and Families Act 2014, the local authority (Bromley Council) has the power to consent to a child or young person with SEND being educated somewhere other than a school or post-16 institution (typically at home or in a local library), but only where the authority is satisfied that:

“It would be inappropriate for the provision to be made in a school or post-16 institution or at such a place”.

The local authority must separately ask whether it is satisfied that it would be inappropriate for:

any special educational provision that it has decided is necessary for the child to be made in any school and
any part of the provision to be made in any school.

In considering these questions, the local authority must ask if a setting would ‘not be suitable’ or would ‘not be proper’.

This means that it is likely only in rare cases that EOTISC would be considered to be appropriate.

Principles

The majority of children and young people will receive their education in a mainstream or post-16 setting (or specialist setting if named in their EHCP), alongside their peers, with a differentiated curriculum and support appropriate to their individual needs. EOTISC provided by the local authority is a provision to meet identified needs after the local area partnership has satisfied itself that there is no suitable alternative.

Children, young people and their families are entitled to expect that EOTISC will meet their learning and developmental needs as effectively, and to the same standards as a school or college-based education, in accordance with the Equality Act 2010 and Section 19 of the Education Act 1996.

EOTISC provision is subject to regular review and may be used as part of a planned pathway to reintegration into an appropriate educational setting, where this is suitable and aligned with the child or young person’s needs and aspirations.

Decisions regarding EOTISC must be based on individual circumstances and informed by the child or young person’s needs, views, and evidence. EOTISC may be considered where the local authority is satisfied that it would be inappropriate for provision to be made in a school or post-16 setting, in whole or in part, whether for a temporary or longer-term period.

How is EOTISC different from Elective Home Education?

Elective home education is when a parent or carer chooses to educate their child or young person at home. Usually, if families have chosen to home educate, even if a child or young person has an EHCP, the local authority will not provide any of the education or resources that a child or young person needs. An annual review will still be conducted in line with section 44 of the Children and Families Act 2014, as it retains statutory duty to ensure that ensure the EHCP remains appropriate, and the child or young person’s needs are being met.

What EOTISC can look like

Provision will be determined by the needs and provision outlined in Section B and F in the EHCP. Some examples include:

Online schooling
Tuition at home
Hospital schooling
Therapies detailed in Section F such as Speech and Language Therapy

Decision making process

If, after exhaustive and appropriate measures have been taken, Bromley Council believe that the whole of the provision outlined in a child or young person’s EHCP cannot currently be appropriately delivered in a mainstream or specialist education setting, the following process will be undertaken:

The option of EOTISC (i.e. that a setting would ‘not be suitable’ or would ‘not be proper’) will be considered by a multi-disciplinary panel with input from health, social care, any other professionals’ views, children, young people and families themselves, and the current educational setting. The role of the panel will be to examine the efforts made to secure a suitable setting and determine if, at that time, the child or young person is unable to access an educational setting.
For those children and young people who are open to a social care team, the allocated worker’s views will be sought. These views will be shared with the family.
If the option for EOTISC is declined, the LA will agree to maintain the current EHCP and existing placement. Alternative provision and / or home tuition may be put in place whilst the LA works with agencies to either facilitate a reintegration back into the named setting or a move to a new setting. This will release the right to appeal for parents and carers.
If the option for EOTISC is accepted, the EHCP coordinator will liaise with parents or carers and providers to set up the package. This may include reviewing therapy provision to meet the outcomes in a non-school or college setting. The agreement to EOTISC will be made as an interim arrangement under regular review, and where appropriate, a plan for reintegration.
Half-termly progress reports from education providers will be reviewed by the local authority to ensure the provision is effectively meeting the child or young person’s needs. If there are concerns about the suitability of the arrangements, the local authority will hold an early annual review.
The annual review of the EHCP will be arranged by the local authority and consideration will be given if EOTISC is still appropriate for each child or young person. The key focus of the annual review will be to review the re-integration plan and whether it remains necessary for EOTISC to continue to be named.