DfE opens consultation on education outside school under SEND reforms

New proposals for England cover EOTAS, health-related alternative provision and accredited online education providers ahead of changes expected from 2029/30

The Department for Education is consulting on EOTAS, alternative provision for health needs and accredited online education in England ahead of SEND reforms from 2029/30.

The Department for Education has opened a consultation on how children and young people in England who are educated outside school or further education settings should be supported under proposed SEND reforms.

The consultation, launched on 10 July 2026, covers Education Otherwise Than At School arrangements, alternative provision for children whose health needs cannot be met in school, and the use of accredited online education providers. Responses are open until 11:59pm on Friday 18 September 2026.

The proposals are part of England’s wider SEND reform program and are intended to inform changes due to come into effect from 2029/30, through primary legislation in the Education for All Bill.

The consultation is aimed at children and young people who have received EOTAS or alternative provision, parents and carers, education staff, school and trust leaders, FE leaders, local authorities, alternative provision providers, health professionals, charities, unions and sector bodies.

DfE said current statutory arrangements will remain in place until any changes are implemented, meaning local authorities can still arrange EOTAS under section 61 of the Children and Families Act 2014 where provision in a school or college would be inappropriate.

EOTAS oversight could move closer to schools

EOTAS currently applies where a local authority arranges special educational provision outside a school or further education setting because provision in those settings would be inappropriate for the child or young person.

DfE said around 16,000 children and young people are now on EOTAS arrangements, a 90% increase over the past four years. The cohort includes children and young people aged 0 to 25, with 54.6% aged 16 to 25.

The consultation sets out a new model that would align EOTAS with proposed Specialist Provision Packages, which are intended for children and young people with the most complex needs.

Under one option, local authorities would assess need, decide whether a child or young person requires an EHCP and Specialist Provision Package, and determine whether some or all provision may need to be delivered through EOTAS. A named school or further education setting would then manage the EOTAS provision day to day.

DfE is also asking whether responsibility should sit entirely with the named school or further education setting. Under that model, the setting would decide whether EOTAS is needed as part of the child or young person’s package and would oversee provision directly.

The consultation makes clear that DfE is not proposing to retain the current model, where local authorities arrange and manage EOTAS provision. DfE links that position to concerns about variability in current practice, including whether arrangements consistently reflect children’s needs and support effective outcomes.

The proposals also raise a dispute route question for families. Parents and young people would retain wider SEND Tribunal appeal rights linked to EHCP decisions, Specialist Provision Packages and placements, but DfE says there would no longer be a specific Tribunal appeal route over whether a child or young person should receive EOTAS.

Where a school or further education setting proposes changing or ending existing EOTAS arrangements, DfE is consulting on whether families should be able to request an early EHCP review.

Existing EOTAS arrangements may be protected

DfE is seeking views on how children and young people already receiving EOTAS should move through the 2029/30 reform point.

For secondary-age pupils and young people over 16 who already have EOTAS arrangements when reforms are introduced, DfE is considering protecting those arrangements until they leave the education system. The department said this group accounts for the majority of children and young people currently on EOTAS.

For children in early years or primary school, DfE proposes a different route. These children would be reassessed at the end of primary phase to decide whether they are eligible for a new EHCP and Specialist Provision Package.

If eligible, a new-style EHCP would be issued and EOTAS could continue where appropriate, managed under the proposed new model. If not eligible, DfE is consulting on whether the child should move into a structured supported transition arrangement, likely overseen by an alternative provision school.

That transition arrangement would include regular review points to assess progress, support needs and readiness for transition to another educational setting where appropriate. DfE said there would be no fixed timeframe for a return to school.

The consultation also asks whether non-school alternative provision delivering EOTAS for children of compulsory school age should be required to meet new national regulatory standards, and whether local authorities should be responsible for quality assurance.

DfE is separately asking whether the same quality assurance and oversight arrangements should apply to EOTAS provision for young people aged 16 to 25.

Health needs and online provision are also in scope

The consultation also covers children receiving alternative provision because their health needs cannot be met in school.

DfE said there were 28,723 school-arranged alternative provision placements in the 2025/26 academic year. Of those, 5,709 were for medical health needs, up 6.1% from the previous year, and 722 were for physical health needs, up 15.2%.

The department is seeking views on how responsibilities between schools, local authorities and health services should be clarified, with a focus on earlier support, continuity of education and reintegration where appropriate.

DfE said schools are expected to continue educating children with health needs who are able to attend school, with appropriate adjustments and support. Where schools are struggling, the consultation points to outreach support from local alternative provision schools through the Experts at Hand offer before local authority-arranged alternative provision is used.

Online education is another live area in the consultation. DfE established the Online Education Accreditation Scheme in 2023 as a voluntary scheme for full-time online education providers, and 16 providers have achieved accreditation.

The consultation asks whether additional safeguards are needed when schools and local authorities arrange alternative provision through accredited online education providers. DfE is asking whether placements should be time limited, whether children should remain on a school admission register, and how provision should be reviewed.

For online alternative provision, DfE is considering an approach similar to recent non-school alternative provision reforms. That could mean short-term placements of 12 weeks or less for up to five days a week, or longer-term part-time placements of up to two days or four sessions per week, with flexibility for exceptional circumstances.

The department also says it will use artificial intelligence tools to assist in analyzing consultation responses. DfE said AI will be used to identify themes, trends and insights, but will not make decisions, with analysis reviewed and validated by the department’s team.

DfE says the results and the government response will be published on GOV.UK in autumn 2026.