What is alternative provision?
The term ‘alternative provision’ is used to describe the (temporary) education arrangements for pupils to continue to have a suitable, full-time education whilst they are excluded from school or cannot attend school for illness or another reason (or where directed by a maintained school to off-site provision to improve their behaviour).
This must be full-time, unless in the child’s best interests due to their medical needs. Any part-time education should be reviewed regularly, with the aim of eventually increasing the number of hours up to full-time as soon as the child’s health allows.
This may not mean the same number of hours. If, for example, a child receives one-to-one tuition, the hours of face-to-face provision could be fewer as the education may be more intensive.
Alternative provision might be combined with some time spent in school.
When a local authority arranges alternative provision for non-medical reasons, it should begin as soon as it is possible, and at the latest by the sixth school day of the child’s absence.
Section 19 of the Education Act 1996 sets out the legal duty.
The Department for Education statutory guidance for local authorities and schools Arranging alternative provision has more information about their responsibilities.
How is alternative provision arranged?
The Department for Education statutory guidance for local authorities and schools Arranging alternative provision says:
When a local authority arranges alternative provision for non-medical reasons, that education should begin as soon as it is possible, and at the latest by the sixth school day of the child’s absence.
Governing bodies of maintained schools and the trust boards of academy schools and alternative provision academies are responsible for arranging suitable full-time education from the sixth school day (or earlier) of a suspension.
(Page 12)
Medical reasons
If you know your child is (or will be) unable to regularly attend school due to illness (mental health or physical), let school know so you can discuss how your child might be supported through this period. See also our Support for children who cannot attend school information.
Schools are required to let the local authority know of any pupil that they have reasonable grounds to believe will miss 15 school days (consecutively or cumulatively) through what is known as a sickness return.
If you would like to check they have been informed or to request alternative provision, you could contact the local authority directly.
IPSEA have a template letter, 22b ‘Asking the LA to provide alternative education for children who cannot attend school‘.
The Government guidance ‘Supporting pupils at school with medical conditions‘ says:
All pupils of compulsory school age are entitled to a full-time education suitable to their age, aptitude and any special educational needs they may have. In some circumstances their education may be provided partially at school and partially at another educational setting or through education otherwise than at a school in line with section 19 of the Education Act 1996 or section 42 or 61 of the Children and Families Act 2014. Time away from school to receive education in other ways must be recorded in the attendance register using the appropriate codes (see chapter 8).
When the local authority has been informed by a school that a child will be absent for 15 days or more they should begin the process of arranging suitable alternative provision.
The Department for Education health needs guidance says:
….Local authorities, working closely with the child’s home school, medical practitioners (such as a GP or consultant) and the child’s family, should make every effort to minimise the disruption to a child’s education by identifying the most suitable provision.
Where specific medical evidence, such as that provided by a medical practitioner, is not readily available, the child’s home school or the local authority should consider liaising with other medical practitioners and consider other evidence to ensure appropriate provision can be arranged as soon as possible.
(Page 8)
Funding alternative provision (medical needs)
Unless a parent chooses to electively home educate their child, they should not need to fund education for a child who is unable to attend due to their health needs.
The statutory guidance ‘Arranging education for children who cannot attend school because of health needs‘ states:
Alternative provision for children with medical needs is funded from local authorities’ high needs budgets. However, where a child remains on the roll of their home school but requires a period of time in alternative provision due to their health needs, the local authority and home school may wish to consider the transfer of a portion of the school’s funding associated with that child to the alternative provision.
Where possible, the child’s health needs should be managed by the home school so that they can continue to be educated there with support, and without the need for the intervention of the local authority. However, as soon as it is clear that the home school can no longer support the child’s health needs and provide suitable education, the school should speak to the local authority about putting alternative provision in place…
(Page 7)
For children and young people with an EHC plan – see our page Education otherwise than in school