Lincolnshire’s section 19 policy

The SEND code of practice sets out the presumption in law of mainstream education. 

'1.26 As part of its commitments under articles 7 and 24 of the United Nations Convention of the Rights of Persons with Disabilities, the UK Government is committed to inclusive education of disabled children and young people and the progressive removal of barriers to learning and participation in mainstream education. The Children and Families Act 2014 secures the general presumption in law of mainstream education in relation to decisions about where children and young people with SEN should be educated and the Equality Act 2010 provides protection from discrimination for disabled people'.

EOTAS is possible due to section 61 of Children and Families Act 2014. Local authorities can agree EOTAS where it is deemed appropriate. Local authorities have this power under section 61. They must be sure that education in a school or post-16 setting is not suitable. Only then can they arrange education somewhere else.

1. A local authority in England can arrange special educational provision for a child. This may be done outside a school, post-16 institution, or early years setting. The authority must decide that this arrangement is necessary.
2. The authority may only do this if it decides school or post-16 provision is unsuitable.
3. Before doing so, the authority must consult the child's parent or the young person.

Only a child with an EHC plan can be considered for EOTAS. It is not something that is requested or stated as a preference. We will determine through assessment when EOTAS may be needed. We will examine if the complexity of needs means that education or SEND provision within a school setting would not be appropriate. EOTAS can therefore only be designated through:

• an EHC needs assessment
• re-assessment
• early annual review