This consultation seeks views on how Education Otherwise Than At School (EOTAS) should operate as part of the proposed SEND reforms from 2029/30. It also considers related arrangements for children receiving Alternative Provision because of health needs and those accessing accredited online education.
It covers four main areas, split into 4 chapters:
- Reforming education otherwise than at school
- Supporting children and young people on existing EOTAS arrangements
- Children receiving alternative provision because their health needs cannot be met in school
- Children receiving alternative provision from accredited online education providers
This consultation does not cover elective home education
Useful Information
- The consultation contains 19 questions, some with multiple-choice response options and the opportunity to provide optional additional comments of up to 250 words.
- Download or access document for the consultation here
- Respond to consultation online
- Download or access the Easy Read version
- Respond to Easy Read Consultation online
- You can respond via e-mail CONSULTATION@education.gov.uk
- You can request alterative formats and respond by post – details of this is listed within the consultation (page 12)
- Deadline: Friday 18 September at 11:59pm
- The results of the consultation and the department’s response will be published on GOV.UK in Autumn 2026.
Education Otherwise Than At School (EOTAS)
Under section 61 of the Children and Families Act 2014, local authorities may arrange special educational provision outside a school or further education setting where it would be inappropriate for that provision to be delivered in a school or further education setting. The Department refers to these arrangements as Education Otherwise Than At School (EOTAS) and they are set out in an Education, Health and Care plan (EHCP).
PACC has produced a guide to EOTAS
It is proposed that EOTAS arrangements for children and young people entering the new SEND system from 2029/2030 would be available only for children and young people who:
- are eligible for an EHCP
- require a Specialist Provision Package (SPP)
- have needs that cannot appropriately be met in a school or FE setting.
Children and young people receiving EOTAS would have the same SEND Tribunal rights as other children with an EHCP under the new system, which include:
- Needs assessments,
- EHCP eligibility,
- Specialist Provision Packages (SPPs),
- Named placements,
- EHCP reviews
This also means that:
- There would no longer be separate appeal rights for the SEN and special educational provision (SEP) detailed in an EHCP (Section F).
- SEN and SEP would instead be considered through appeals about the Specialist Provision Package or named placement, with detailed provision recorded in the Individual Support Plan (ISP).
- Parents and young people would not be able to appeal specifically against a decision to provide, change or cease EOTAS
One of the concerns raised by the SEND community is that the proposed SEND reforms aim to alter how Education Otherwise Than At School (EOTAS) is managed. Under current rules, parents can appeal EOTAS decisions directly to the SEND Tribunal. The proposed reforms, however, seek to remove direct tribunal appeal rights regarding specific EOTAS provisions, moving EOTAS monitoring to schools rather than Local Authorities. See Special Needs Jungle article for further information.
Remember nothing is changing now.
Transition to the New SEND Framework
- From 2029, children and young people with an EHCP in mainstream settings will be reassessed at key transition points (end of primary and secondary).
- Local authorities will determine whether a Specialist Provision Package is required.
- If required, a new EHCP will be issued; if not, support will transfer to an Individual Support Plan (ISP).
- Children already attending a special school in September 2029 can remain there unless they choose to move to mainstream.
The DfE recognise that transition arrangements may present distinct challenges for those receiving EOTAS and are therefore seeking views on potential benefits and challenges of different approaches.