Schools could be ordered to oversee arrangements for pupils in education other than at school (EOTAS) as ministers hope to put an end to children being “badly let down by an unresponsive system”. The Department for Education is also mulling over proposals for councils to compile “approved lists” of EOTAS providers and make them sign up to “national standards” for safeguarding and quality. Families and professionals told DfE in its SEND reforms consultation, which closed in May, that EOTAS needed “specific attention”. Officials have unveiled the plans as they consult on their approach to alternative provision (AP) and EOTAS. If approved, changes will come into effect from 2029-30. Here’s what you need to know… 1. ‘Unresponsive system’ Councils have the power to arrange special educational provision outside a school in cases where it would be “inappropriate” for it to be delivered in a classroom setting. These arrangements are referred to as EOTAS and are included in education, health and care plans (EHCPs). The provision often involves education in non-school alternative provision (NSAP). In all, there are about 16,000 youngsters in EOTAS, representing a 90 per cent rise over the last four years. The DfE has heard from “many” families “going long periods without suitable support” and who have been “offered provision unsuitable for the complexity of their child’s needs”. “These children and young people have been badly let down by an unresponsive system, causing significant distress for them and their families,” the consultation document added. The government has also identified “weaknesses” in EOTAS curriculums including “inconsistent quality and variable oversight”. 2. Schools to manage EOTAS As part of the SEND reforms, ministers pupils’ special educational needs will be met through a new layered system of support. Those with the most complex needs will be given “specialist provision packages” (SPPs) designed by experts and tested with parents. EHCPs will be created after specialist package and placement decisions have been made, rather than beforehand. Councils will continue to undertake assessments to determine whether a child requires a plan, and under reforms, SPPs. As part of this, councils “could make a decision about whether some or all of the provision may need to be delivered otherwise than in a school”, drawing on their “knowledge of need and provision”. Schools would then “take on the role” from the council “of managing any EOTAS arrangements”. The child would remain on the school’s roll, even though “some or all of the provision is delivered elsewhere”. Currently, councils are responsible for arranging and managing EOTAS provision. 3. EOTAS appeals The government plans to allow families the opportunity to “request an early review of the EHCP” in cases where schools propose changes to EOTAS arrangements already in place. Councils will subsequently “consider whether it remains inappropriate for provision to be made at a school”. There would be “no right of appeal” to the SEND tribunal against a council’s decision to change or cease EOTAS provisions. Families will also not be able to appeal specifically about whether their children should receive education other than at school through their EHCPs. 4. ‘Approved lists’ Voluntary national standards – which set expectations for safeguarding, quality of education and support for families – are currently in place for non-school APs providing alternative provision. They do not extend to non-school APs delivering special educational provision as part of EOTAS arrangements, though. The government wants to change this and is considering making the standards mandatory. It is also consulting on whether councils “should quality assure such provision, with commissioners only allowed to use provision on approved lists”. No further details were provided on this. 5. Those already in EOTAS Ministers are concerned “some children, sometimes from the age of five or younger, could remain educated outside school or further education settings until adulthood”. They want to ensure there are opportunities to review whether a “supported return” would be in the best interests of these youngsters. Under the proposals, those of early year and primary school age will be assessed at the end of year 6. Children deemed eligible for EOTAS will “have a new style EHCP drafted and receive support with their arrangements”. Officials are considering moving those who aren’t eligible onto the roll of an AP school, rather than a mainstream school. The AP would “facilitate a return to a school”. Existing arrangements will continue for youngsters in secondary and post-16 settings when the reforms come into force, unless they want to return. 6. Children with health issues The government has witnessed a “significant increase” in the number of children unable to attend school due to physical, mental or medical health needs. Instead, they receive a form of AP. The report noted there are examples where councils, schools and health services “are working well together”. In some cases, councils are “producing guidance and toolkits to help schools better support children with medical needs in their own school, enabling them to continue accessing education alongside their peers wherever possible”. Officials are “seeking more information about the barriers preventing these approaches from being applied more consistently”. 7. Online AP The report also stated that growing numbers of youngsters are being taught online. “When used appropriately, online provision can support continuity of learning for limited periods and support a return to in-person education in a school.” Officials are considering whether “additional safeguards may be needed to strengthen oversight, review and accountability” of this area. As part of this, they are asking if “children should remain on a school admission register and whether that provision should be time limited”. Placements could be extended in “exceptional circumstances”.