New government consultation on Education Otherwise Than at School (EOTAS)
Why families need to pay attention
Senior associate Erin Smart explores the key issues raised by the Government’s proposed reforms to Education Otherwise Than at School (EOTAS) and what they could mean for families.
The Department for Education has launched a new consultation on the future of Education Otherwise Than at School (EOTAS) as part of its wider SEND reform programme. The consultation is seeking views from parents, carers, young people, professionals and local authorities on how children who are educated outside of school should be supported in the future.
The consultation does not make the distinction between EOTAS and EOTIS (as governed by Section 19 of the Education Act 1996 and Section 61 of the Children and Families Act 2014 respectively), however, the consultation requires views from those with EHCPs, governed by s61 EOTIS, and those without, s19 EOTAS, who fall under both categories. If you are interested to learn more about this distinction, please read our article on EOTAS vs EOTIS vs EHE: Understanding non-school based education. Essentially, section 19 uses the wording 'otherwise than at school', whereas section 61 uses the wording 'otherwise than in a school', which provides the basis for the switch of A to I. This article, therefore, uses the term EOTAS, as per the consultation, for both situations.
For many families, EOTAS is not a lifestyle choice or an alternative to school. It is the provision of last resort when a child or young person’s special educational needs cannot be safely or appropriately met in any school placement. Others may not currently have EOTAS named in their Education, Health and Care (EHC) Plan, but are effectively without suitable education because the right support simply does not exist.
The proposals have significant implications for these families.
What is the consultation about?
The consultation focuses on three areas:
children receiving special educational provision through EOTAS arrangements
children receiving alternative provision because they cannot attend school for health reasons
the use of accredited online education providers
The Government says its aim is to improve quality, accountability and oversight while ensuring children receive better outcomes. It is also consulting on whether national standards should apply to EOTAS provision and whether every child receiving EOTAS should be linked to a named school or college responsible for overseeing their package.
Importantly, no decisions have been made. The consultation is intended to gather evidence before any legislation is introduced.
The Government’s vision
The consultation sits alongside wider SEND reforms that aim to identify needs earlier and create a more inclusive education system, reducing the number of children who reach crisis point before receiving support. Ministers have repeatedly stated that they want fewer children to require EOTAS because schools should be better equipped to meet needs in the first place.
For families, that ambition is welcome.
Many parents would much rather see their child thriving in a suitable school than having to fight through years of tribunal proceedings, failed placements and deteriorating mental health before an alternative arrangement is finally agreed.
However, aspirations for a more inclusive system do not automatically address the reality many families experience today.
Why many families are concerned
The children who currently receive EOTAS – or who desperately need it but cannot obtain it – often have some of the most complex educational journeys in the SEND system.
Many have experienced:
repeated placement breakdowns
prolonged school refusal driven by unmet needs rather than unwillingness
severe anxiety, trauma or autistic burnout
exclusions or part-time timetables
months or even years without suitable education
lengthy legal battles to secure appropriate provision
For these families, EOTAS is frequently not the cause of educational difficulties; it is rather the consequence of a system that has already failed.
That is why many parents are likely to scrutinise proposals that could alter how EOTAS is accessed or managed in future.
Children who cannot attend because their needs are not being met
One of the biggest issues raised repeatedly by parent groups is that many children who are ‘out of school’ are not there because school is inherently unsuitable.
Instead, they are unable to attend because:
reasonable adjustments have not been implemented
therapies and specialist support are unavailable
placements have broken down
local authorities cannot identify an appropriate school
mental health has deteriorated following years of unmet need
These children may not have EOTAS at all.
Some remain on school rolls despite being unable to attend. Others receive only a few hours of tuition each week, or no education whatsoever.
About Erin
Erin Smart is in the education law team, advising on a wide range of educational issues and specialising in special educational needs. She also advises on school related issues such as discrimination, admissions and exclusions.
Get in touch
If you would like to speak with a member of the team you can contact our education law solicitors on +44 (0)20 3826 7528 or complete our enquiry form.
