EOTAS and The Law

All children, regardless of their circumstances, are entitled to a full-time education which is suitable to their age, ability, aptitude, and any special educational needs they may have.

Parents of children of compulsory school age have a duty under section 7 of the Education Act 1996 to secure suitable full-time education for them, either by regular attendance at school or otherwise. Under section 437 of the Act, if it appears that a child of compulsory school age area is not receiving suitable education, either by regular attendance at school or otherwise, the Council must serve a notice in writing on the parent requiring him/her to satisfy them within the period specified in the notice that the child is receiving such education.

The Council has a duty under section 436A of the Education Act 1996 to identify children who are of compulsory school age but are not registered pupils at a school, and are not receiving suitable education otherwise than at a school.

The Council has a duty under section 19(1) if the Education Act 1996 to make arrangements to ensure that all children of compulsory school age in Sutton who, by reason of illness, exclusion or otherwise, would not otherwise receive a suitable education in a school are in receipt of such.

Where a child has an education health and care plan, under section 61 of the Children and Families Act 2014, the Council may arrange for any special educational provision to be made otherwise than in a school if satisfied that it would be inappropriate for the provision to be made in a school.

The purpose of this document is to define the role of Cognus, within its Commissioning arrangement, to support the London Borough of Sutton fulfil its statutory responsibilities that relate to, provision of education otherwise than at school (EOTAS)

It provides an outline of Sutton’s systems for identifying children and processes in place to ensure that provision of education other than at school (EOTAS) is monitored for suitability across the local area.

  • Section 19 of the Education Act 1996 places a duty on local authorities which states, local authorities shall make arrangements for the provision of suitable education at school, or otherwise than at school, for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
  • Other relevant legislation includes The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007 and Children and Families Act 2014.

The policy should be read in conjunction with: