EHE vs. EOTAS: What is the Legal Difference for SEN Parents?

by | Apr 6, 2026

If your child has Special Educational Needs (SEN) or neurodiversity like Autism or ADHD, and they are failing to cope in a mainstream classroom, you are likely looking for a way out. During meetings with the school or Local Authority (LA), two acronyms will inevitably come up: EHE and EOTAS.

While they both result in your child learning at home (often via an online school), the legal and financial differences between them are massive. Misunderstanding these terms can cost your family thousands of pounds a year and strip away your child's legal right to funding.

What is EHE (Elective Home Education)?

Elective Home Education (EHE) is when a parent makes a voluntary, active choice to remove their child from the school system and take full legal and financial responsibility for their education.

The keyword here is Elective. If you write a letter to the headteacher deregistering your child, the Local Authority considers this your personal choice. As a result, the LA is absolved of their legal duty to provide or fund your child's education. You will have to pay for all online school tuition fees, private tutors, and exam center costs out of your own pocket.

⚠️ The "Off-Rolling" Trap: Schools struggling to accommodate a child with SEN or low attendance (EBSA) will sometimes gently suggest that you "might be better off deregistering them and homeschooling." Do not do this if you want funding. If you voluntarily deregister them, you choose EHE, and you lose your financial support.

What is EOTAS (Education Otherwise Than At School)?

EOTAS is a legal package where the Local Authority formally agrees that a traditional school environment is inappropriate for a child's needs, and therefore the LA takes legal and financial responsibility for funding alternative education, such as an accredited online school.

To get an EOTAS package, your child must have an Education, Health and Care Plan (EHCP).

This is where the law protects you. Under Section 61 of the Children and Families Act 2014, a Local Authority has the power to arrange special educational provision "otherwise than in a school" if it is satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution.

If you prove that no physical school in your area can meet your child's complex sensory or mental health needs, the LA must name EOTAS in Section F of the EHCP. When this happens, the Local Authority pays for the online school.

EHE vs. EOTAS: The Quick Comparison

Feature EHE (Elective) EOTAS (LA Funded)
Who pays the online school fees? The Parents The Local Authority
Who provides the EHCP therapies? The LA (but it is often harder to access) The LA (legally bound to provide it)
Do you need an EHCP? No Yes
Who chooses the curriculum? The Parents Must align with the EHCP Section F

How Online Schools Support EOTAS

If you are fighting for EOTAS, proposing a structured, premium online school is one of the best ways to get the Local Authority to agree. LAs are hesitant to fund unstructured homeschooling, but they are highly receptive to accredited online schools that take attendance, follow the National Curriculum, and have dedicated Special Educational Needs Coordinators (SENDCos).

Read our full guide on how virtual classrooms provide the perfect sensory environment: Online School for SEN & Neurodiversity.

Looking for an SEN-friendly Online School?

Whether you are self-funding (EHE) or currently negotiating an EOTAS package with your Local Authority, finding the right school is critical. Take our free 2-minute assessment, and we will match you with accredited UK online schools experienced in supporting neurodiverse students and working alongside EHCPs.

Find Your Perfect Match