Government Launches Consultation on Education Otherwise Than At School (EOTAS): What Parents Need to Know
The Government has launched a new consultation looking at how Education Otherwise Than At School (EOTAS) should work in England.
For many families, EOTAS has become a lifeline where a child cannot receive a suitable education within a school setting. However, obtaining EOTAS is often one of the most complex areas of SEND law, with many parents having to appeal to the SEND Tribunal before appropriate provision is secured.
The consultation is seeking views on whether the current system can be improved and how support for children educated outside school should be strengthened. No decisions have been made, and existing legal rights remain unchanged while the consultation is ongoing.
What is EOTAS?
Education Otherwise Than At School (EOTAS) is educational provision arranged under section 61 of the Children and Families Act 2014 where it would be inappropriate for a child or young person to attend a school or college.
EOTAS is not home education.
Instead, it is provision arranged and funded by the local authority through an Education, Health and Care Plan (EHCP). Depending on the child's needs, this might include:
specialist tutors
therapy programmes
therapeutic education
online learning
community-based education
a personalised package combining different forms of provision
The legal test has not changed.
What is the Government Consulting On?
The consultation looks at several areas, including:
improving oversight of EOTAS provision
introducing clearer quality standards
improving support for children unable to attend school because of health needs
clarifying responsibilities between local authorities, schools and health services
the use of accredited online education providers
improving outcomes for children receiving EOTAS.
Does This Change My Child's EHCP?
No.
If your child already has an EHCP naming EOTAS, nothing changes simply because the consultation has opened.
The Government has been clear that no decisions have yet been made, and it is seeking views before deciding whether any reforms should be introduced.
Can Parents Still Apply for EOTAS?
Yes.
Parents can still request EOTAS where the legal test is met.
Local authorities remain under the same legal duties, and the SEND Tribunal continues to have the power to order EOTAS where appropriate.
Why This Matters
EOTAS is often misunderstood.
Many parents are incorrectly told that:
EOTAS is only for children with severe anxiety.
A school placement must fail first.
It is only available if a child is permanently out of school.
None of these statements accurately reflects the legal position. Every case depends on the individual child's needs and whether education in a school would be inappropriate.
Have Your Say
The consultation is open until 18 September 2026, giving parents, professionals and organisations the opportunity to share their experiences and help shape future policy.
Need Help With an EOTAS Case?
Whether you're considering requesting EOTAS for the first time, challenging a local authority's refusal, or preparing for a SEND Tribunal, I provide independent strategic advice to help families understand their options and build the strongest possible case.