Alternative Provision: Updated Department Guidance

Earlier this year the Department for Education published new guidance, “Arranging Alternative Provision: A Guide for Local Authorities and Schools” which replaces the previous alternative provision statutory guidance published in 2016.

Schools should fully familiarize themselves with the updated statutory duties and powers concerning the use of alternative provision.

What is alternative provision?

Alternative provision is education arranged for children of compulsory school age who, because of exclusion, illness or other reasons, would not otherwise receive suitable education. Alternative provision can also be used for children on a suspension or being directed to off-site provision to improve their behaviour.

Where can alternative provision be provided?

Schools will likely be familiar with alternative provision being delivered in Pupil Referral Units, or in alternative provision academies. Alternative provision can also take place in a wide range of other settings, including:

>        hospital schools

>        colleges

>        independent schools

>        vocational and unregistered settings

>        1-to-1 tuition

Alternative provision can be arranged in settings which are not schools or colleges, commonly known as ‘unregistered alternative provision’. Unlike schools or colleges, this type of provision is not subject to a national registration scheme or inspection framework so schools should ensure to conduct their own due diligence before considering such a setting.

Further, a child should not be placed if in an unregistered setting if it would mean the setting needs to register as an independent school.

With the increase in parents choosing to home-educate, it is important to note that elective home education is not a form of alternative provision.

Choosing a suitable placement

The guidance states that movement of pupils should only be used when all other strategies have been exhausted, including outreach support from alternative provision in school.

The home school should always ensure that a placement will address the individual needs of the child as well as providing education in line with that of their home school to better enable re-integration. This includes liaising with the local authority to ensure there are no safeguarding or safety concerns

The school should always conduct their own due diligence to assess whether the provision is safe, offers high quality education and is suitable. Schools are still responsible for the safety and quality of the placement they use.

In school units

Many schools run their own ‘pupil support unit’ offering planned interventions in place of mainstream lessons. Most of the time these units are intended to support pupils already on the school’s admission register before being referred to the unit. However, some units will admit pupils from other local schools as a form of off-site direction.

There are specific requirements for multi-academy trusts and maintained schools who seek to establish a unit for pupils from other schools in the MAT or local area, including:

>        the MAT or maintained school should inform the local authority if they intend to set up a unit with the intention of taking children from other schools

>        the MAT should consider whether the increase in capacity would trigger a significant change at the host academy

>        parents should always be consulted on any potential change of provision before it takes place

>        the unit must be part of an existing school and all provision should be arranged and run by the ‘host’ school

>        the unit will form part of a host school’s Ofsted inspection

>        children who attend a unit from another separate school must be admitted in accordance with the ‘host’ school’s published admissions arrangements

An in-school unit should not be created solely to support children with EHCPs or SEN. If there is a need for such provision you should instead explore a SEN unit or resourced provision.

Full or part time?

One question which frequently gets asked is whether children can be placed on part-time education. Children should have provision, where possible, which is equivalent to the education they would receive in a mainstream school. But this does not necessarily mean the same number of hours - a child receiving 1-to-1 tuition may receive fewer hours of education as it is more intensive.

In some cases, full-time education may not be in the child’s best interests for reasons relating to their physical or mental health so instead, part-time education should be arranged.  If part time education is used it should still aim to achieve good academic attainment, and align with the child’s current curriculum, timetable and qualification route. It should also be reviewed regularly with the aim of increasing to full-time hours as soon as possible.

Schools should note that if a pupil is referred to off-site provision on a part-time basis as part of a planned intervention or placement, they should attend school as usual at the times on which they are not in the alternative provision.

Remote education

As well as part time education, remote education can be a helpful tool to support a pupil. However, the guidance states that remote education should not be viewed as an equal alternative to attending school. Schools are expected to only consider remote education as a last resort when the alternative would be no education, and only after it has been established that the child is, or will be, absent from school.

In such cases, remote education can have the benefit of allowing absent children to keep on track with their education and stay connected to their teachers in some cases. For some children with health needs that mean they cannot attend school, it may be advisable to only use digital learning for a limited period of time.

Commencing alternative provision

Before the placement commences, any information on SEN, disability or medical need, literacy, and safeguarding should be shared with the provider, the home school, the parents, and relevant agencies.

The placement also needs to baseline the child’s previous attendance and engagement with education to allow for effective tracking and monitoring of patterns of absence, future attendance and highlight improvements.

Reintegrating the child

Reintegration of the child back into their home school is a key step in the child’s alternative provision experience. Placements needs to be regularly reviewed so that the plan and timetable for reintegration can be amended as necessary. These reviews should include regular reports setting out the child’s achievements and progress and a final report in anticipation of the child returning to their home school.

When the placement is due to come to an end a discussion should take place between the home school, placement, pupil (if age appropriate), parent and any relevant external agencies to confirm reintegration arrangements and agree any additional support.

Get in touch

Schools should ensure that they take time to understand the guidance and what it means for alternative provision moving forwards. The guidance points to an increased understanding that flexibility, based on the needs of the individual child, is key. For example, utilising part time education, or remote education, and utilising in school units can help to support a child before more significant steps are required.

We frequently support schools to manage pupil behaviour, including where ultimately a pupil is excluded. We can also provide advice and guidance where a managed move or off site direction is felt necessary to support a child.

Please get in touch if you have any queries in respect of behaviour management, suspension or exclusion, or if you would like advice in respect of alternative provision.