Alternative Provision
Alternative Provision is not a second class educational provision as long as it provides and meets the educational and welfare needs of children.
What is Alternative Provision?
Alternative Provision covers a variety of different settings and approaches to achieve 3 objectives and more and more schools, Local Authorities and parents are turning to Alternative Provision to support children where:
- in their existing setting can provide specialist advice to those who are teaching them
- a short term intervention is required to minimise the days lost to education and/or improve children's behaviour or
- a longer term provision is required because a children cannot access their existing setting or attend school altogether.
The Powers and Duties of Schools
Improving Pupil Behaviour- the Power to Direct any child to Off-Site Provision
s29A Education Act 2002 (LA maintained) or an Academies Articles of Association, Powers of the Trust (Model Articles 2016 5(f) and (s) Model Articles (2021) (f) and (j).
Educational provision from the 6th day following a Suspension
s100 Education and Inspections Act 2006
The primary focus of alternative provision under these provision should always be to provide a short-term intervention; however, in exceptional circumstances (s19 Education Act/S61 Children and Families Act) a more longer term placement many be required where it is in the child's best interest. Where a school and/or parent considers such is necessary then the LA may be under a duty set out below.
The Duties of Local Authorities
Educational provision for children who cannot attend school because of exclusion, health needs or any other circumstance where it is not reasonably practicable to expect a child to attend school.
s101 Education and Inspections Act 2006
Educational provision for children who have not been reintegrated into mainstream school since their last Permanent Exclusion.
s61 Children and Families Act 2014
Special Educational Provision for children whose needs cannot be met in school.
All schools and Local Authorities must also have regard to s175 Education Act 2002 and Keeping Children Safe in Education 2023 when considering or exercising these Powers and Duties.
All provisions must require the consent of a parent unless alternative provision is being arranged for the purpose of improving behaviour. Where consent is not required it is still reasonable to consult with the parent to ensure the placement remains suitable for the intended objectives. Where a parent refuses to send their child to an Alternative Provision that is considered suitable then they could be guilty of an offence for failing to secure regular school attendance.
Good Alternative Provision
The Government expects that where alternative provision is used this will be a provided by a good quality, Department for Education (DfE) registered provider usually, Pupil Referral Units, Alternative Provision Free Schools and Alternative Provision Academies; however, it also acknowledges that unregistered providers can also be used to promote children's educational progress and experiences. However regardless of whether a provision is registered or not it is essential that the commissioning body (school or Local Authority):
- is confident that the arrangements will safeguard the child's entitlement to a suitable education
- set out clear expectations for the nature of the placement (having regard to the above statutory provisions),
- identifies the objectives intended to be achieved,
- is satisfied the setting is safe
- can identify what progress looks like and the next steps for the child's educational journey.
- communicates the arrangements with parents including the start and end times, location, who to report to and other specific arrangements such as uniform, equipment, transport, Free School Meals and SEND Support.
- There is a robust Service Level Agreement in place between 'the commissioner' and ' the setting'
- Keep the placement under regular review
What can be the barriers to good Alternative Provision
Cost
Good quality, DfE Registered Alternative Provision, is a cost and therefore there can be a reluctance for schools, Local Authorities and parents alike to use of alternative provision when it is required.
Good support in schools and commissioning arrangements though are more likely to reduce the long term cost making it more accessible to those who need it.
This is not an excuse not to use, if it's needed its needed.
Availability and suitability
Due to the increasing complexities of needs of children the demand for alternative provision has significantly increased with many children experiencing prolonged waiting lists. Furthermore, where waiting lists are high there is a tendency for unregistered settings to be used.
Regardless of the type or types of settings used the arrangements must be in place and suitable.
Assessment of need and thresholds
Long waiting lists for NHS health assessments is common place but with policies and procedures determining certain evidence and diagnosis are required before a placement can be awarded often cause long periods of absence before the right support can be implemented.
Delays in assessments must not prevent access to provision.
Placement reviews
Every child placed in Alternative provision by a school or Local Authority must have their provision regularly reviewed to ensure it is still suitable for the child. Schools and Local Authorities do face a resource challenge and therefore the frequency of such reviews are not regular or in some cases do not happen at all. Aside from being a safeguarding issue it also means that a child may be missing out and there are missed opportunities to intervene.
If it is not reviewed regularly how do we know it is suitable?
Getting these arrangements right is essential to ensure children are educated in the right place, right time and with the appropriate support and to also avoid complaints and litigation. We are seeing many schools and Local Authorities being criticised for the Alternative Provision Arrangements because of poor decisions, unsuitable arrangements and ineffective policies and Service Level Agreements.
We have extensive, proven experience developing effective Alternative Provision Arrangements, along with helping parents access the provisions their child is entitled to. If you are therefore concerned that a child is missing out or are looking to further develop/validate your Alternative Provision arrangements then do get in touch to see how we can help.
Working it out together
Parent and child support
- Ensure that the Alternative Provision follows the principles of law and guidance
- Contribute to support plans to promote progress and reintegration
- Support with the Legal Process for Alternative Provision
- Parental Advocacy, Assistance and Guidance
Whole School Approach
- Develop your Alternative Provision and Behaviour Policy
- Ensure effective Commissioning arrangements are in place absent school
- Support in the Quality Assurance Process
- Advice on the content and suitability of Alternative Provision
- Being Ofsted Ready
Local Authorities
- Service review of all policies and practices protecting children's right to a suitable education.
- Advice and guidance on Commissioning Arrangements for Local Authorities
- Advice on the suitability of the arrangements for all of your children not in school
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