What do you know of EOTAS?

Even though it pains me to say so, the following FOI question and answer from a well-respected county council raises some interesting questions about audit and governance, and the monitoring of expenditure on SEND pupils.

Question: How many young people had EOTAS packages of over £100,000 granted by xxx County Council during the 2024/25 financial year, and of these packages, what was the largest amount of any package in operation during the financial year?

Answer: The information is not held in a centralised format. Therefore, to be able to obtain it, a manual audit would need to happen to cross-reference systems for 153 individual electronic records and associated financial systems to determine the total cost of each child or young person’s combined EOTAS package, each taking 20 minutes to locate, retrieve and collate, totalling 51 hours.

So, it appears that the county council in question does not know how much it is spending on each child with an EOTAS (Education Other than at School) package. It seemingly knows how much is being spent on each element of the package, but doesn’t have a spreadsheet that allows all elements to be brought together in a total per child.

Now it is not for me to question the lack of curiosity of the Director of Children’s Services or the Lead Member in the authority, let alone the Director of Finance, but it was an element of spending that I was concerned enough about to monitor when I was a cabinet member.

I have the same question out to a number of other local authorities, so it will be interesting to see whether I receive the same sort of answer. What is probably the case is that these packages are contributing to the High Needs block deficits in many local authorities.

A second shire county told me it couldn’t answer the question because the number was less than five, and might thus reveal details about an individual: fair enough, but I assume it means that there are somewhere between one and five such packages of more than £100,000 per child. It would be interesting to know what such education packages might contain, and why they are so expensive.

At a Scrutiny Committee meeting in November 2024, Oxfordshire County Council officers told the committee in a Report about EOTAS in 2024 “The annual spend as of November 2024 is £2.1 million for 52 children and young people.” (para 18 Report to Scrutiny Committee) That is an average of £40,000 per child with an EOTAS package.

EOTAs packages are as a result of s61 of the Children and Families Act 2014.

61Special educational provision otherwise than in schools, post-16 institutions etc

(1) 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 or a place at which relevant early years education is provided.

(2) 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 or at such a place.

(3) Before doing so, the authority must consult the child’s parent or the young person.

Might it be time for the National Audit Office to have a deep dive into this part of SEND spending to see whether the expenditure is producing the desired results for these young people?

What should we do about children not in school?

Is it time to start looking for a new solution to the issues surrounding children not in school? Currently too many young people are missing school for a variety of different reasons.

How about a ‘virtual school’ for all children not on a ‘normal’ school roll? The Local Authority where they live would assume responsibility on day one for any child without a school place, whether the child has moved into an area, and there is no mid-year SEND place available, (or other school places) or the young person has been excluded by a school, and has not yet been assigned another school.

Then there are those for who the normal school environment is not longer suitable. They should have a clearly defined place within the education system, managed by the local authority. Only in exceptional cases should responsibility for education be ceded to those parents that ask the state to educate their children.

Many young people might remain on the roll of the virtual school for a short-period of time. However, it would ensure no child for whom the state had assumed responsibility went missing from schooling.

Using the expertise gathered from the established model of virtual schools for children in care together with the work of hospital schools and services should ensure that a body of expertise would quickly develop to ensure all young people, whatever their challenges, had a programme of schooling mapped out for them, even if it didn’t look like the established regime of the traditional school day. However, there would be an expectation of regular contact between the virtual school and the pupil, with individual timetables of learning controlled through the school.

With a pupil being on a school roll at all times, parents would know that their children were part of a framework that includes inspection and has the child at its centre, and also removes the sense of isolation many children not in school can experience. The provision of a virtual school should also reduce the need for the use of section 61 of The Children and Families Act 2014.

The ‘virtual school’ would be able to commission ‘alternative provision’ from registered providers and in some cases be able to transfer the pupil to the roll of the alternative provider, where that was appropriate.

Many pupils in the care of the new virtual school would have special educational needs, as do many children that are the responsibility of the current virtual schools for young people in care. I believe that the notion of a ‘school’ is the best way to educate such children. The virtual school would work with both the SEND sector and the NHS, but be clear what is education and what is therapy, and the responsibility of the NHS.

The present funding model for SEND doesn’t work, and leaves many local authorities underfunded, and a small number of pupils costing significant amounts, while not being on the roll of any school. A virtual school should bring in-house many of the costs currently charged by the private sector for tutoring and other learning and allow some economies of scale to be developed. But, better education for every pupil must be the main aim: no child should be left out of schooling for a single day.