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Alternative provision

What alternative provision (AP) is, what the local authority’s statutory duties are in relation to alternative provision, what routes there are into alternative provision, what the local authority is doing to review alternative provision and where parents and carers can seek further information and support.

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What is alternative provision?

Alternative provision (often abbreviated to AP) is in relation to education arranged by local authorities for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education; education arranged by schools for pupils on a fixed period exclusion; and pupils being directed by schools to off-site provision to improve their behaviour.

What are the local authority’s statutory duties in relation to alternative provision (AP)?

The Local Authority has a statutory duty to make arrangements for the provision of suitable education at school, or otherwise, for each child of compulsory school age who, for reasons of illness, exclusion or otherwise, would not receive it unless such arrangements were made (The Education Act 1996: Section 19 and DfE statutory guidance on Alternative Provision 2013).

This is a comprehensive duty, which is normally fulfilled through children having access to and regular attendance at mainstream and special schools. In some circumstances this may not be the case and the local authority is then required to act and ensure that alternative provision is in place.

This duty applies equally where a child is known to be on the school roll but not accessing their education:

  • Section 19 Education Act 1996 places a duty on local authorities to provide suitable alternative education for children of statutory school age who cannot attend school because of illness, exclusion or ‘otherwise’
  • The courts have found that ‘otherwise’ is intended to cover any situation in which it is not reasonably possible or practicable for the child to take advantage of existing suitable schooling
  • The DfE guidance for Children Missing Education says that when the reason why a child has stopped attending a school is not known, the Local Authority should investigate the case and satisfy itself that the child is receiving suitable education.

The Section 19 duty covers all compulsory school age children irrespective of their needs and the reasons leading up to them. These groups include:

Excluded pupils

  • Permanently Excluded Children – The Local Authority is required to provide full time education from the sixth day of exclusion for permanently excluded pupils and for pupils who are suspended from a pupil referral unit for a fixed period of more than 5 days.

Medical reasons

  • Children unable to attend their provision due to medical reasons (normally where the absence is likely to exceed 15 days)
  • Other (‘situation in which it is not reasonably possible or practicable for the child to take advantage of existing suitable schooling’.) Some examples include:
    • children new to the area for whom a school place is yet to be identified
    • children on roll at a provision, where attendance is very poor, and child/parents/professionals are challenging the suitability (often those with an EHCP but not always)
    • children ‘too anxious’ to attend school e.g., Emotionally Based School Non-Attendance (EBSN), alleged bullying etc.
    • children resident in East Riding of Yorkshire, where parents are neither seeking to secure education for them nor choosing to educate their children themselves at home (EHE)
    • children thought to be resident in East Riding of Yorkshire whose whereabouts are uncertain.

For the Section 19 duty to be satisfied, it is important to ensure that the Local Authority and schools work together, in the best interests of all children, within an inclusive education system.

The alternative provision offer running alongside mainstream and special schools must be flexible, clear and coherent, containing sufficient high-quality places and support to meet the needs of pupils when they need it.

The Local Authority is confident that schools will always take all necessary action and appropriate measures to support the children on their roll to have access to and engagement in full time education. This will include the commissioning of off-site professional services and short or long-term alternative provision placements.

Depending on the reason a child requires alternative provision, placements may be commissioned and funded by either local authorities or schools. It is generally expected by government that schools commission and fund AP placements for pupils on their roll where it is necessary to ensure such children receive a suitable full-time education. Local authorities would generally be responsible for funding provision for excluded pupils and pupils that do not have a school place. It is up to the school or the local authority to determine the most appropriate alternative provision for the child, but they should take account of the views of the child, their parents and other professionals.

What are the routes into alternative provision and where sits the funding responsibility?

1. From sixth day following permanent exclusion

Commissioner: Local Authority

Lump sum £10k (where appropriate): Local Authority

Top-up Funding £ variable: Local Authority

Registration: Dual initially then single registration alternative provision

2. Health reasons – including physical or mental health needs

Commissioner: Local Authority/School

Lump sum £10k (where appropriate): Local Authority/School

Top-up Funding £ variable: School

Registration: Dual, school main

3. Where a child requires interim provision whilst awaiting placement in a school

Commissioner: Local Authority

Lump sum £10k (where appropriate): Local Authority

Top-up Funding £ variable: Local Authority

Registration: Single registration alternative provision

4. Children requiring short term assessment or intervention provision to support reintegration back into their home school or transition to a different type of provision

Commissioner: School

Lump sum £10k (where appropriate): Local Authority/School

Top-up Funding £ variable: School

Registration: Dual, school main

5. Children requiring long-term alternative provision, such as The Hub School

Commissioner: Local Authority/School

Lump sum £10k (where appropriate): Local Authority

Top-up Funding £ variable: School

Registration: Dual, School main or single reg with alternative provision

6. Behaviour which results in a suspension for more than 5 days*, or an off-site direction by a school**

Commissioner: School

Lump sum £10k (where appropriate): School

Top-up Funding £ variable: School

Registration: Dual, school main

7. Where the LA needs to make provision in accordance with Section 19 ‘other reasons’

Commissioner: Local Authority

Lump sum £10k (where appropriate): Local Authority/School

Top-up Funding £ variable: Local Authority/School

Registration: Dual or single

8. Offsite attendance for part of the week to access vocational or other courses, whilst attending home school for the rest of the week.

Commissioner: School

Lump sum £10k (where appropriate): School

Top-up Funding £ variable: School

Registration: Dual, school main

*Maintained schools and academies are under a duty to arrange for the provision of suitable full-time education from the sixth day of a suspension.

**Governing bodies of maintained schools have the power to direct a pupil off-site for education to improve his or her behaviour. Academies can arrange off-site provision for similar purposes under their general powers, set out in the Academy Trust’s Articles of Association. In these circumstances, the school or academy is the commissioner and funder of the alternative provision placement.

What is the local authority currently doing to review alternative provision available in the East Riding?

The local authority has commissioned a review of our current alternative provision (AP) arrangements to help inform future planning. This document provides additional information about what alternative provision is, why we are undertaking this review, who is undertaking this review and how you can be involved with this review.

External review of alternative provision in East Riding Yorkshire (pdf 148kb)

For more information about the review, you can contact:

Jane Friswell
Email: jane.friswell@eastriding.gov.uk

Kate Browning
Email: kate.browning@eastriding.gov.uk

Where can I seek support for my child or young person?

The Education Welfare Service undertakes statutory functions on behalf of the local authority. They work in partnership with educational settings, parents and carers and pupils to promote the attendance of children and young people.

Tel: (01482) 394000 (option 2)

Email: education.welfare@eastriding.gov.uk

East Riding SENDIASS (Special Educational Needs and Disability Information, Advice and Support Service) offers impartial, confidential information, advice and support for parents and carers of children and young people (aged 0-25) and children and young adults (up to the age of 25) with special educational needs or disabilities.

Tel: (01482) 396469

Email: sendiass@eastriding.gov.uk

The East Riding Local Offer offers clear, accessible information about services available in the East Riding for children and young people, and their parents and carers, aged 0-25 years with Special Educational Needs and Disabilities (SEND). It contains a directory of services and information and produces a news and events page with regular updates.

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