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Q:

09.331 Does the LA have to engage with the parents or young person before providing EOTAS?

Noddy 'No-nonsense' Guide to SEN law EHCP I Where parents seek non-school placement such as EOTAS
Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
29 Mar 2023

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  • 29 Mar 2023

  • Yes

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    Yes. CFA2014 s61(3) requires an LA to consult the child’s parent or young person before providing EOTAS. 

    Whilst the statutory consultation duty in CFA2014 s61 does not apply where the parents or young person seeks EOTAS but the LA proposes to place at an institution, in exercising its functions the LA has a duty to take into account the views, wishes and feelings of the child, their parents or the young person: CFA2014 s19(a).

    Where there is a duty to consult under s61(3), the general legal requirements applicable to all consultations will apply: (1) the consultation must be undertaken when the proposals are still at a formative stage, (2) the LA must give sufficient reasons for the proposal of EOTAS to enable a response, (3) adequate time must be given for response and (4) the response to the consultation must be taken into account in the decision: R (Moseley) v LB Haringey [2014] UKSC 56 #25.

    More: 02.07 Must the LA (and then the FTT in an appeal) have regard to any particular factors when exercising its SEN functions?

    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

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