EOTAS - a missing piece of the SEND reform jigsaw?

The Department for Education launched a wide ranging consultation on 10 July 2026 providing its initial proposals on how “Education Otherwise Than At School” ("EOTAS") may be handled under the proposed reforms. Responses are due by 18 September and are expected to feed into the DfE response to the consultation.

EOTAS packages are implemented for children/young people who are unable to access schools for their special educational provision. In legal terms, EOTAS is approved under section 61 Children & Families Act 2014 where special educational provision cannot be made in a school; therefore making it inappropriate to be named in a EHCP under section 39/40 Children & Families Act 2014. Given that the reforms seem to be broadly based around children attending their local provision (mainstream or specialist) as they will be seen as “appropriate”, the EOTAS issue does present a difficult issue for the DfE.

The DfE are proposing to deal with the issue along the same broad lines as the SEND reforms - through the use of Individual Support Plan ("ISP") and Specialist Provision Packages ("SPP") for children with EHCPs. It is proposed that where a child is assessed as requiring a EHCP, the  named approved provider will be required to put in place EOTAS packages where appropriate. The role of the Local Authority is unclear at present; but they will not directly implement EOTAS packages. The role may be concerned with dispute resolution between parents and the provider.

For children without a SPP and EHCP, EOTAS may be provided under the ISP but it appears as a temporary measure; the aim remains to make formal placements appropriate for all children with SEND. The basis of EOTAS remains unclear with the consultation document mentioning a role for Local Authority support under section 19 Education Act 1996 - presumably on the basis that it is not reasonably practicable for the child to attend school. 

For those children on EOTAS packages when the reforms are fully implemented, there may be changes required to their package. For primary aged children with EHCPs, there would be an assessment to determine whether an EHCP would still be required under the new system. If not, an ISP would be implemented with the arrangements set out as above. For those primary phase children who still require a EHCP going forward into secondary school, the EHCP and SPP would follow the process above. For children and young people in the secondary phase, the current EHCP and EOTAS package would continue with the Local Authority continuing to oversee it unless the child/young person wishes to explore a return to school.

As with much of the information about the SEND reforms, further detail is required to properly assess the impact. However, given the potential implications of the EOTAS proposals on children, families, local authorities, and schools and colleges especially around implementation and oversight of EOTAS packages, it will be important to review the DfE's next steps on this issue.