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

Educational Content Reviewed by Viktorija (Level 3 SEN Consultant)

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

If your child has special educational needs (SEN), or is autistic or has ADHD, and mainstream school is breaking down, two acronyms appear quickly in meetings with the school and local authority: EHE and EOTAS.

Both can mean your child learns away from a traditional classroom — often with support from an accredited online school. The legal and financial consequences, however, are not the same. Confusing them can shift who pays for provision and who remains responsible for securing what is written in an Education, Health and Care Plan (EHCP).

This article explains the difference in plain UK English, with pointers to GOV.UK elective home education guidance, the SEND Code of Practice, and the Children and Families Act 2014. It is information for parents, not legal advice for your individual case.

What is EHE (elective home education)?

Elective home education is when parents choose to educate their child at home (or otherwise than at school) instead of sending them to school full-time. The Department for Education’s elective home education guidance for parents sits alongside the long-standing duty in section 7 of the Education Act 1996: parents must cause their child to receive efficient full-time education suitable to age, ability, aptitude and any special educational needs, either by regular attendance at school or otherwise.

The keyword is elective. If you deregister your child from school because you have decided to home educate, the local authority will generally treat that as parental choice. Where the authority is satisfied that you are providing a suitable education yourselves, it does not then have to arrange the special educational provision in an EHCP in the same way it would for a child whose education it is securing. DfE guidance for local authorities is explicit: if home education is suitable, the authority has no duty to arrange the special educational provision specified in the plan, though the plan should record that parents have made their own arrangements under section 7, and annual review duties continue.

In practical terms, that usually means tuition fees for an online school, tutors, materials and exam-centre costs sit with the family unless you have a separate agreement. For the legal backdrop to online provision within EHE, see Is online schooling legal in the UK? and our EHE to online school guide.

What is EOTAS (education otherwise than at school)?

EOTAS is different. Under section 61 of the Children and Families Act 2014, a local authority in England may arrange for special educational provision that it has decided is necessary to be made otherwise than in a school or post-16 institution — but only if it is satisfied that it would be inappropriate for that provision to be made in a school or similar setting, and only after consulting the parent or young person.

In SEND practice, EOTAS is typically tied to an EHCP. Section I (placement) is often left blank or does not name a school, while Section F sets out the special educational provision in detail — which can include online teaching, therapies and other elements the authority must secure. The local authority remains responsible for making the provision in the plan (subject to the usual statutory framework), rather than treating the arrangement as a private parental project.

Parents and advisers commonly use “EOTAS package” as shorthand for that LA-arranged education outside school. Getting there usually means evidence — for example medical letters, educational psychology advice, attendance and exclusion records — showing why a school setting is inappropriate for this child, not merely preferred.

EHE vs EOTAS at a glance

Who chooses? EHE is a parental decision to educate otherwise than at school. EOTAS is an LA arrangement under section 61 where school-based provision is inappropriate.
Who funds? Under EHE, families typically fund online school and related costs themselves. Under EOTAS, the LA remains responsible for securing the provision specified in the EHCP.
EHCP? EHE can apply with or without an EHCP. Formal EOTAS under section 61 is about arranging necessary special educational provision — in practice, for children and young people with EHCPs.
Section I / Section F: With EOTAS, provision detail belongs in Section F; a school placement is often not named in Section I.
Annual review: Where an EHCP is maintained, the LA must still keep it under review, including for electively home-educated children. The SEND Code of Practice addresses home education in its later chapters (commonly cited as paragraphs 10.30–10.38 in DfE EHE guidance).

Why the distinction matters before you deregister

Families under intense pressure sometimes deregister for EHE because attendance enforcement or a placement breakdown feels unbearable. That may be the right long-term choice for some. It can also close doors to LA-funded alternative packages if the authority then treats education as your private arrangement.

Before you write a deregistration letter, read our UK deregistration guide and the step-by-step on how to write a mainstream school deregistration letter. If an EHCP annual review or reassessment is open, ask specifically whether the authority will consider education otherwise than at school under section 61, and keep the conversation evidenced and in writing.

For the wider SEN online-school picture — environment, SENDCo support and funding routes — see online school for SEN in the UK and our companion piece on waiting for an EHCP: online school while waiting for an EHCP.

How online schools fit either route

Accredited online schools can appear in both pictures. On an EHE pathway, parents commission the school privately as part of the suitable education they provide. On an EOTAS pathway, the same type of provision may be named or described in Section F and paid for by the LA if the authority agrees it is the way to secure the child’s special educational provision.

Local authorities often want clarity: live teaching, attendance monitoring, a curriculum pathway, safeguarding, and a named SEND contact. That is very different from unstructured home learning with no documentation. Whether you are self-funding or seeking LA agreement, ask schools how they report progress and how they work with EHCPs.

Cost still matters on the private route. Compare fee bands in our online school cost guide and fees and costs page before you assume what you can sustain long term.

Soft next step

Online Schools is an independent matching service. We do not replace SENDIASS, a solicitor or tribunal advice — but if you already know you need a structured UK online school, we can help you compare accredited options against year group, SEN profile and budget, free of charge for parents. See how it works when you are ready.

Frequently asked questions

Is EOTAS the same as home education?

No. Both may involve learning at home, but EHE is parental choice with parental responsibility for providing a suitable education. EOTAS under section 61 is an LA arrangement where school-based special educational provision is inappropriate, and the authority remains responsible for securing the provision it has decided is necessary.

Do I need an EHCP for EOTAS?

In practice, yes — EOTAS discussions almost always sit inside the EHCP framework, because the LA is arranging special educational provision it has decided is necessary. EHE does not require an EHCP.

If I choose EHE, will the LA still review the EHCP?

Where an EHCP is maintained, the LA must continue to review it. DfE guidance also explains that if home education is suitable, the LA does not have to arrange the special educational provision in the plan while that remains the case.

Can the LA fund an online school under EOTAS?

Yes, if the authority is satisfied that school-based provision is inappropriate and the online school (or package including it) is how the necessary special educational provision will be made. Agreement is evidence-led and not automatic.

Should I deregister before asking for EOTAS?

Often it is wiser to take advice first. Deregistering into EHE can change how the LA views responsibility for provision. Speak to SENDIASS or an independent adviser and keep requests for section 61 consideration in writing.

Where can I read the official rules?

Start with GOV.UK elective home education guidance, the SEND Code of Practice 0 to 25 years, and section 61 of the Children and Families Act 2014 on legislation.gov.uk. Local SENDIASS services can help you apply those rules to your child’s plan.

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