Decision

The Director of Children, Families & Education has approved the direct award of a contract to Oak Trees Multi Academy Trust for the provision of an Education Other Than in School or College Co-ordinator arrangement for children and young people with an Education, Health and Care Plan with a contract value of £210,000 for a contract period of 2-years commencing on 1 September 2026

Reasons for the decision

The provision of Education Other Than in School or College (EOTISC) is an arrangement under Section 61 of the Children and Families Act 2014, which enables children and young people with an Education, Health and Care Plan (EHCP) to receive special educational provision outside of a school or post-16 institution where attendance at an educational setting would be inappropriate. EOTISC is intended to be an exceptional and specialist arrangement, used only where provision cannot reasonably be delivered within an educational setting. The Council retains full legal responsibility for arranging, funding and monitoring the provision, which must be specified within the EHCP. Wherever appropriate, EOTISC provision should support progress towards re-integration into a suitable educational setting, promoting positive long-term educational and social outcomes for children and young people.

Historically, EOTISC arrangements in Wirral were managed either by SEND caseworkers or through direct payments to families. Whilst this allowed flexibility, it provided limited oversight of quality, attendance, safeguarding and progress; and offered no consistent approach to monitoring outcomes or supporting reintegration into education.

To address these issues, the Council established an arrangement with Oak Trees Multi Academy Trust during the 2025/26 academic year. The arrangement enabled the Council to commission and oversee bespoke EOTISC packages through a single, quality-assured model, with improved governance, safeguarding oversight, attendance monitoring, provider management and coordinated support for families. The service was provided via the Orrets Meadow academy which is one of the schools within the Trust.

Feedback from the pilot demonstrated benefits including improved oversight and accountability, enhanced safeguarding arrangements, better engagement with families, clearer reintegration planning, and more effective management of commissioned provision. The model has also strengthened the Council's understanding of the local provider market and supported compliance with statutory duties relating to children and young people with Special Educational Needs.

To ensure a consistent and sustainable approach to EOTISC provision, and to extend these benefits to post-16 learners, the decision has been made to make a contract award with a 2-year term, commencing on 1 September 2026 with Oak Trees Multi Academy Trust covering both compulsory school age and post-16 cohorts.

The decision relates to a Light Touch contract in accordance with section 9 of the Procurement Act 2023 and Schedule 1 of the Procurement Regulations 2024. Paragraph 5.3.1 of the Council’s Contract Procedure Rules (CPRs) recognises that Light Touch contracts are exempted from the requirement for competition. Paragraph 12.4.1c. of the CPRs enables an exception from the requirements of the CPRs when a waiver of the rules would be in the interests of the Council, be lawful and provide value for money. Such waiver is entirely appropriate to enable this contract award.

Alternative options considered

Option 1: Council directly commissioning and management of all EOTISC provision
This approach is suitable where all provision is delivered through registered educational settings or appropriately regulated professionals. However, the EOTISC cohort frequently requires bespoke packages comprising multiple providers and non-school provision. The pilot demonstrated that a dedicated coordination model provides greater oversight of attendance, safeguarding, quality assurance, provider management and reintegration planning. TUPE implications may also arise from bringing the service in-house following the pilot year, creating additional legal, employment and operational complexities, together with implementation risks and potential costs.

In addition, the existing model provides a degree of separation between the Council's statutory decision-making responsibilities and the day-to-day coordination of EOTISC packages. This enables a dedicated service to work closely with families, providers and professionals whilst maintaining appropriate Council oversight. Continuation of the established arrangement was therefore considered the least disruptive option and provides continuity for children and young people receiving EOTISC provision.

Option 2: Direct Payments to parents/carers
Direct Payments remain available, subject to panel approval, where arrangements provide clear educational outcomes, appropriate oversight and value for money. Whilst this approach offers flexibility, it places greater responsibility on families and can result in inconsistent monitoring arrangements. A commissioned coordination model provides a more consistent framework for quality assurance, attendance monitoring, safeguarding oversight and compliance with the Council's statutory duties.

Option 3: Continue the existing arrangement for compulsory school age pupils only and manage Post-16 EOTISC provision through Council commissioning arrangements and Direct Payments.
Whilst this would maintain access to bespoke provision, it would not provide the same level of coordinated oversight, quality assurance, attendance monitoring, safeguarding scrutiny and provider management that has been established through the Orrets Meadow model. Due to existing workforce capacity limitations, this option could result in inconsistent monitoring arrangements across cohorts and reduce the Council's ability to maintain a consistent approach to governance, compliance and reintegration planning for post-16 learners. This would also create different operating models for under-16 and Post-16 EOTISC provision; limiting the benefits of a single, consistent framework for oversight, accountability and quality assurance across all EHCP cohorts.

Option 4: Alternative Educational Establishment for Post-16 EOTISC
Consideration was also given to testing interest from alternative educational establishments for Post-16 EOTISC. However, given the need to implement arrangements as quickly as possible and build upon an established and successful delivery model, an expression of interest exercise was not considered proportionate. Initial discussions with a suitably identified educational provider did not identify a willingness to deliver the service, providing limited assurance that a wider exercise would result in a suitable alternative arrangement within the required timescales. Continuation of the existing arrangement therefore enabled immediate mobilisation and ensured continuity of oversight and support for children and young people receiving EOTISC provision.