EHE, Section 19, and EOTAS: Untangling the Confusion

Across England, countless families find themselves caught in a tangle of terms: elective home education, alternative provision, EOTAS, Section 19…

They sound similar - and professionals often use them interchangeably — but they mean very different things.
Those distinctions really matter, both legally and practically.

Here’s a clear breakdown to help make sense of it all.

Elective Home Education (EHE)

EHE is when a parent or family chooses to take on legal, organisational, and financial responsibility for arranging their child’s education.

In practice, that usually means the parent plans and funds the education - for example, by choosing and paying for tutors, online courses, or other learning activities.

This doesn’t mean parents must personally teach their child or follow the National Curriculum. It simply describes who holds the responsibility for arranging and resourcing education once a child is formally recorded as EHE.

But here’s the tricky part:
Even if you haven’t said you’re home-educating, certain actions can still cause your child to be recorded as EHE - for example, if you sign a deregistration letter or agree to “home-school temporarily.”

If that happens, it’s not irreversible. You can ask the local authority to reverse the decision and reinstate your child on roll, even if it began as a voluntary choice.

If your goal is to access local-authority-funded provision, it’s generally best to avoid being recorded as EHE, because once that happens, most legal duties fall away.

⚠️ If a school or LA pressures you to remove your child from roll - perhaps suggesting it will avoid fines, exclusion, or other consequences - this is called off-rolling, and it is unlawful.

Schools and LAs must not pressure families into taking responsibility for education they are legally required to arrange.

Section 19 Education Act 1996 – “Alternative Provision”

Section 19 places a duty on every local authority to arrange suitable education for all children of compulsory school age who, because of illness, exclusion, or otherwise, cannot attend school.

This applies whether or not the child has an EHCP.

“Otherwise” is deliberately broad - it includes situations where attendance isn’t reasonably possible due to anxiety, trauma, or burnout.

👉 The education must be suitable - meaning efficient education appropriate to the child’s age, ability, aptitude, and any special educational needs.

If what’s offered (for example, a generic online tutoring package) isn’t suitable - if your child can’t access it, finds it dysregulating, or it simply doesn’t meet their needs - the LA is required to work with you to find something that does.

Section 19 provision is not optional or discretionary. It’s a statutory duty.

Section 42 Children and Families Act 2014

For children with EHCPs, there’s an additional layer of protection.

Under Section 42, the local authority has an absolute duty to secure every element of the special educational provision set out in the plan.

This still applies even if your child can’t currently access the school named in the EHCP - the LA must ensure the provision continues elsewhere.
They cannot delegate or deflect that responsibility onto the family or the school.

If your child’s plan no longer reflects what they need (for example, because school is no longer workable or EOTAS may be appropriate), you can request an emergency annual review to consider changes.

EOTAS – Education Otherwise Than at School

EOTAS (sometimes written as EOTIS) applies where a child has an EHCP and the local authority agrees that it would be inappropriate for their provision to be delivered in a school setting.

It’s not home-education. It’s a fully funded, bespoke package of provision that delivers the EHCP outcomes outside a traditional school environment.

For many children who’ve been out of school for a long time and need a more therapeutic, interest-led, or flexible approach, EOTAS can be the route that finally works.

💬 Making Sense of It All

It’s completely understandable to feel unsure about where your situation fits. The system doesn’t make it easy.

But you don’t have to navigate it alone - and there are clear legal frameworks in place to ensure your child can access an education that’s truly suitable for them.

At Canary SEND, we support families at every stage of this journey, helping them:

• Clarify whether Section 19 or EOTAS applies,

• Challenge unlawful off-rolling,

• Secure suitable alternative provision, and

• Ensure EHCP duties are properly met.

We’re also developing new resources to make these distinctions even clearer - with practical, straightforward tools to help families secure the education their children are entitled to.

Explore existing toolkits and guides at www.canarysend.co.uk.