EOTAS is when a local authority arranges a child's special educational provision somewhere other than a school or college. That could be at home or through a mix of providers, because a school or college setting is not right for the child's needs. EOTAS is currently part of a child's EHC plan. Nothing is changing now, and no decisions have been made on the government's proposals.
Key points
✓Under section 61 of the Children and Families Act 2014, a local authority in England may arrange special educational provision otherwise than in a school or post-16 institution only if satisfied that it would be inappropriate for the provision to be made there.
✓Before it does, the authority must consult the child's parent or the young person.
✓A child's parent or a young person may appeal to the First-tier Tribunal, subject to mediation, about the special educational provision specified in an EHC plan and the school or other institution it names.
✓The government's consultation on EOTAS opened on 10 July 2026 and closed on 18 September 2026.
✓The consultation proposes that parents would not be able to appeal to the Tribunal specifically about whether a child should receive EOTAS, and that there would be no right of appeal against a local authority decision to change or cease EOTAS.
What is EOTAS?
The Department for Education says EOTAS is when a local authority arranges a child's special educational provision somewhere other than a school or college, for example at home or through a mix of providers, because a school or college setting is not right for their needs. The Department refers to these arrangements as Education Otherwise Than At School, and some stakeholders, especially those who advise on the SEN law, refer to such arrangements as Education Otherwise Than In School.
EOTAS packages often include education delivered in non-school alternative provision settings or through an online education accredited provider, arranged alongside therapeutic and health provision, such as speech and language therapy.
Measure
What the consultation says
Children and young people with EOTAS
Around 16,000, a 90% increase over the last four years
Share aged 16 to 25
54.6% of children and young people with EOTAS are aged 16 to 25
Aged over 11
More than 90% of children who receive EOTAS are over 11
Most common primary need
Social, emotional and mental health for 39.7%, and autism spectrum disorder for 35.4%
Source: the Department for Education's consultation SEND reform: education otherwise than at school, published on 10 July 2026, which cites its education, health and care plans statistics for 2025/26.
What does the law say about EOTAS now?
Section 61 of the Children and Families Act 2014 says a local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution. An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution. Before doing so, the authority must consult the child's parent or the young person.
Where a local authority maintains an EHC plan, it must secure the specified special educational provision for the child or young person. That duty does not apply if the child's parent or the young person has made suitable alternative arrangements.
The Department for Education says that until any changes are implemented, the current statutory framework remains in place, and that local authorities will continue to be able to arrange education otherwise than at a school or further education college under section 61 where they are satisfied that it would be inappropriate for the provision to be made in a school or college.
How is EOTAS different from alternative provision?
The GOV.UK summary of the consultation says EOTAS is different to alternative provision and takes place outside a mainstream or special school.
What it is
EOTAS
Alternative provision
Who arranges it
A local authority arranges the child's special educational provision
Local authorities, and schools may also arrange it
Why it is used
A school or college setting is not right for the child's needs
The child cannot attend school because of illness, exclusion or other reasons
Where the duty comes from
Section 61 of the Children and Families Act 2014
Section 19 of the Education Act 1996
Section 19 of the Education Act 1996 says each local authority in England shall make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
How do you get EOTAS for your child?
EOTAS is currently part of a child's EHC plan. GOV.UK says an EHC plan is for children and young people aged up to 25 who need more support than is available through special educational needs support.
1
Ask your local authority for an EHC needs assessment
You can ask your local authority to carry out an assessment if you think your child needs an EHC plan. A young person can request an assessment themselves if they are aged 16 to 25. A request can also be made by anyone else who thinks an assessment may be necessary, including doctors, health visitors, teachers, parents and family friends.
2
Know the timescales
The local authority will tell you within 16 weeks whether an EHC plan is going to be made for your child. Your local authority has 20 weeks from the date it receives the request for the assessment to give you the final EHC plan.
3
Comment on the draft plan
Your local authority will create a draft EHC plan and send you a copy. You have at least 15 days to comment.
4
Know what the council has to decide for EOTAS
A local authority may arrange the provision otherwise than in a school or post-16 institution only if satisfied that it would be inappropriate for the provision to be made there, and it must consult the child's parent or the young person first.
What can you do if the council refuses or changes EOTAS?
A child's parent or a young person may appeal to the First-tier Tribunal, subject to mediation. The matters include the special educational provision specified in the plan, the school or other institution named in the plan or the type specified, a decision not to secure the amendment or replacement of an EHC plan following a review or re-assessment, and a decision to cease to maintain an EHC plan.
You can appeal to the SEND Tribunal if you disagree with a local authority decision about an EHC plan, including if it:
✓Yes: Gives you an EHC plan you do not agree with.
✓Yes: Refuses to carry out an EHC assessment or reassessment.
✓Yes: Refuses to create an EHC plan after carrying out an assessment or reassessment.
✓Yes: Refuses to change the sections of an existing EHC plan which are about education.
✓Yes: Decides you or your child does not need an EHC plan any more.
1
Get the decision letter and contact the mediation service
In most cases, you must consider mediation before you appeal to the tribunal. You do not have to consider mediation if your appeal is only about which school or other institution you or your child should attend. If you do not want mediation, you still need to contact the mediation service to get a mediation certificate so that you can appeal.
2
Appeal to the SEND Tribunal
The tribunal must receive your appeal within 2 months of the date on the local authority's decision letter or a month from the date of the mediation certificate, whichever is later.
3
Get free help
GOV.UK says to check if you can get legal aid. You can also get free help and advice from the Independent Parental Special Education Advice (IPSEA) and your local Parent Partnership Service through the Information, Advice and Support Services Network.
Our legal aid guide covers who can get help with the cost of an appeal, and our DLA for children guide covers the benefit that may help with extra costs.
What is the government proposing to change?
No decisions have been made. Nothing is changing now, and if any changes are introduced they would come into effect from September 2030 at the earliest and only if approved by Parliament. The consultation document says the Department intends to implement the SEND reforms through primary legislation in the Education for All Bill, with changes coming into effect from 2029/30.
Current law
Proposed in the consultation, not law
A local authority in England may arrange special educational provision otherwise than in a school or post-16 institution under section 61.
The government is not proposing to retain the current arrangements, under which local authorities are responsible for arranging and managing EOTAS provision. Every child receiving EOTAS would be connected to a named school or further education college responsible for managing the EOTAS arrangements.
The authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution.
EOTAS will continue to be available for children and young people with the most complex SEND who have been assessed as needing a Specialist Provision Package and an EHCP.
A parent or young person may appeal to the First-tier Tribunal about the special educational provision specified in the plan and the school or other institution named in it.
Parents and young people would not be able to appeal to the Tribunal specifically about whether a child or young person should receive EOTAS arrangements, and there would be no right of appeal to the SEND Tribunal against the local authority decision to change or cease EOTAS arrangements.
The consultation document proposes that where a school or further education setting proposes changes to EOTAS arrangements already in place, parents or the young person should be able to request an early review of the EHCP. It asks what arrangements are needed to provide parents with a clear route to resolve disputes. The consultation document says every child or young person with EOTAS arrangements will have the same SEND Tribunal appeal rights as other children and young people with an EHCP.
Children and young people of secondary school age and above who are already receiving EOTAS when the new system comes in would be able to continue with their existing arrangements, and would be offered voluntary support if they want to transition back to a school or college.
For the small number of children in early years or primary school, an option proposed is to reassess their needs at the end of primary school, and no child would simply be moved without consideration of their individual needs.
The consultation asks whether national standards should apply to EOTAS provision and if there is a role for local authorities in making sure those standards are being met.
It also asks about holding local authorities to account for only using EOTAS when it is in the best interest of the child or young person, not simply because the local authority cannot find a place for them.
The consultation also covers support for children who cannot attend school because of health needs and how schools and local authorities use accredited online education providers for alternative provision.
What happens next, and when?
The consultation opened on 10 July 2026 and closed on 18 September 2026. The consultation document says the results and the department's response will be published on GOV.UK in Autumn 2026. Until any changes are implemented, the current statutory framework remains in place.
The government's own documents give two timings. The consultation document says changes would come into effect from 2029/30. The GOV.UK summary says September 2030 at the earliest, and only if approved by Parliament. We will update this guide when the government publishes its response.
Does EOTAS apply in Wales, Scotland and Northern Ireland?
Section 61 of the Children and Families Act 2014 gives its power to a local authority in England. GOV.UK says the process for appealing an EHC plan decision is different if you are in Wales, in Scotland or in Northern Ireland.
Wales: children, their parents and young people can make appeals to the Education Tribunal for Wales against certain decisions made by Welsh local authorities about additional learning needs.
Scotland: if your child has additional support needs or a disability and your dispute is over their education, your options include going to the Additional Support Needs Tribunal, a body of independent experts who can uphold or overturn local authority decisions.
Northern Ireland: once the Education Authority has assessed your child, it can decide to record the information in a statement of special educational needs, which sets out your child's needs and the help they should have.