SEND reform: education otherwise than at school (EOTAS) response deadline reminder

The government opened the consultation on 18th July 2026 (just in time for the summer holidays) which is due to close at midday 18th September 2026.

The initial White Paper published on 23rd February 2026 was largely absent on EOTAS proposals.

At present families can rely on Section 61 of the Children and Families Act 2014 imposing a statutory duty on a local authority (LA): where a local authority is satisfied that a school or post-16 institution is ‘inappropriate,’ to arrange provision otherwise in an educational setting. Any decision of an LA as to placement can be subject to a right of appeal.

That framework of protection and judicial scrutiny is proposed to be stripped away under the proposals. A reminder that the right to fully challenge placement choice is also proposed to be removed under The White Paper, so this consultation further confirms government intent.

Instead, LAs will determine whether a child requires a ‘Specialist Provision Package’ (SPP) delivered outside of school, with legal responsibility for managing these EOTAS arrangements shifting directly to named placements.

Furthermore, the government proposals include mandatory national quality standards and local authority ‘approved lists’ for non-school providers, along with compulsory reassessments for children at the end of the primary phase of education (receiving EOTAS) to test their readiness for reintegration. Challenges to such decisions would be limited to internal LA reviews and formal complaints.

Funding, of course, is at the heart of changes with a wholescale transition of duties falling onto schools and colleges. The proposed reforms reverse current legislation seeking to package up provision and again denying a right of challenge to the SEND Tribunal.

Post 19 provision remains a concern

Reforms intend to reshape post-19 provision by prioritising transitions to adulthood and employment through functional life skills, supported internships, and new Level 1 “stepping stone” qualifications – backed by digital Individual Support Plans (ISPs), “Experts at Hand” targeted therapies, and £200 million in staff training.

For now, current legislation delivers independent judicial scrutiny of decision making, vastly different to in-house decision-making. Note that any changes, if introduced and approved by Parliament, would come into effect from September 2030 at the earliest

Engage with the proposals and ensure your voice is heard. Details of the EOTAS consultation and how to respond can be found here.

To discuss how our Special Education Needs team can support you and your family, contact us today on 01184 676 547.