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Home Education Alliance · Jul 20, 2026

20th July 2026 - Massive Red Flags for EOTAS in the Latest SEND Consultation

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Home Education Alliance · Home Education Alliance

The government will implement Section 4 of the Children’s Wellbeing and Schools Act on 30 September 2026. The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026 activate the highly controversial information-sharing clauses. State agencies will soon share children’s data across multiple services under the vague justification of promoting welfare. Officials can completely bypass the common law duty of confidence when dealing with children. Consistent identifiers form a core part of this immediate rollout. The children not in school provisions remain paused pending further consultation.

The Department for Education missed EOTAS entirely in its main SEND reform consultation. Officials have now launched a dedicated SEND reform: education otherwise than at school consultation. The proposals demonstrate a profound lack of understanding regarding complex children. The government wants to link EOTAS to a school or treat it as a short-term arrangement. This ignores children suffering from severe school-based trauma or compromised immune systems.

The consultation also outlines a dangerous plan to strip tribunals of their power over EOTAS provision. The new system will prevent tribunals from ruling on the specific bespoke provision currently detailed in Section F of an EHCP. Tribunals will only rule on placement in Section I. Local authorities will gain the power to end an EOTAS arrangement without parents having any legal mechanism to restore it. You must complete this consultation before it closes on 18 September 2026.

At time of writing, our community has raised £33,701 to fund an urgent judicial review. The Challenge the risk of reducing rights to family life crowdfunder aims to test whether the state can legally override suitable parental education decisions.

Juliet and Michelle hosted a fundraising livestream this past weekend alongside some fantastic guests to support the ongoing legal challenge. The community came together to share inspiring stories, answer vital questions and build momentum for the fight ahead. You can catch up on all the crucial conversations by watching the YouTube replay. Please keep this vital energy going and donate to the crowdfunder today.

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Read the original on homeeducationaction.substack.com

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