How to challenge being asked to price or deliver EOTAS: a practical, law‑based guide for parents and carers

You should never be asked to design, price, or fully deliver Education Other Than At School (EOTAS) as a substitute for the local authority’s legal duties. That being said it would seem more and more LA’s are doing this to potentially deliver the bare minimum! This post explains the law parents can rely on, the clear message to give LAs, precise steps to take, and a ready‑to‑use letter you can send today. With the exception of a requested personal budget, do not be pressurised into delivering this.

Legal foundations

• Children and Families Act 2014, section 42 the local authority must secure the special educational provision in an Education, Health and Care Plan (EHCP).
• Education Act 1996, section 19 and related duties local authorities have responsibilities to make sure that children of compulsory school age receive suitable education, including alternative provision where needed.
• Special Educational Needs and Disability Code of Practice 2015 statutory guidance setting out how LAs should assess, arrange, quality‑assure and monitor alternative provision, including EOTAS.
• Safeguarding and employment law any commissioned provision must meet safeguarding, DBS and regulatory standards; the LA must satisfy itself about provider suitability and staffing checks.

The simple legal message parents must make clear

• It is the LA’s statutory duty to commission, arrange and fund EOTAS where that is the agreed or specified provision in an EHCP or where suitable alternative education is needed (Children and Families Act 2014; Education Act 1996).
• Parents are not buyers or contractors for core EOTAS provision. Parents may share information, evidence and preferences but must not be required to price, design, staff or deliver the full package.
• If the LA or school asks you to cost or provide core EOTAS, you should refuse that transfer of responsibility in writing and request a written LA specification and named commissioning officer.

What true EOTAS provision looks like under the law

• A written specification showing hours, curriculum intent, named provider(s), staffing levels, therapies and specialist inputs, safeguarding arrangements, monitoring and review dates, start date and funding source.
• LA commissioning and quality assurance including DBS checks, written contracts or service agreements, progress reporting, and review mechanisms.
• Continuity with the EHCP the EOTAS package must deliver the special educational provision specified in the EHCP or otherwise meet the child’s assessed needs.

Immediate actions to protect your child and record the LA’s duties

1. Refuse to price or deliver EOTAS in a short factual reply and offer only to share needs‑based information and reports.
2. Request in writing a full LA specification for the proposed EOTAS package and the name and contact of the LA commissioning officer, with a timescale for commencement.
3. Insist on written confirmation of who will deliver each element, how safeguarding and DBS checks will be evidenced, and how progress will be reported.
4. Preserve an audit trail: keep emails, meeting notes, minutes, text messages, and any requests the LA or school made asking you to cost or provide services.
5. Use statutory routes if the LA refuses to act: formal complaint; request mediation; ask for an EHCP review; consider referring to the SEND Tribunal or Local Government and Social Care Ombudsman if statutory duties are being breached.

Evidence to gather now (concise checklist)

• EHCP pages and wording where provision is specified.
• All emails and meeting notes where the LA asks you to price or provide provision.
• Professional reports (SALT, OT, educational psychologist, CAMHS) that describe the provision the child needs.
• Safeguarding records and any evidence of risk that demonstrates why statutory provision must be immediate and LA‑led.
• Timeline of contacts and LA/school actions (or inaction).

How to phrase your refusal (short script)

• “I can provide reports and detail my child’s needs. For clarity, arranging, commissioning and funding EOTAS where it is required is the local authority’s statutory responsibility. I will not be asked to price, design or deliver the core EOTAS package.”

If the LA persists in asking you to provide or fund elements

Record every request and respond in writing refusing to assume commissioning duties.

• Raise a formal complaint citing the statutory duties in the Children and Families Act and Education Act and asking for an internal review of the commissioning decision.
• Request mediation under the SEND dispute resolution arrangements if local resolution fails.
• Consider legal or tribunal action if the LA’s refusal amounts to a breach of its statutory duties under an EHCP or to provide suitable education.

Final practical checklist

• Send the template letter now and attach your child’s EHCP pages and key reports.
• Keep a dated folder of all communications, including any request that you price or deliver provision.
• Request the LA specification and named officer within 10 working days.
• Use complaints, mediation and tribunal routes if the LA declines to commission or fund the EOTAS package.

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