Alternative provisions

Alternative provision refers to:

education arranged by local authorities for pupils who, because of exclusion, illness, or other reasons, would not otherwise receive suitable education
pupils being directed by schools to off-site provision to improve their behaviour

Alternative provision - registered schools

These schools can meet the additional needs of children and young people with social, emotional and mental health needs. The schools support pupils with a varied and less formal approach to learning. They are registered with Ofsted and are inspected. The schools can be maintained schools, academies or independent schools.

There are two registered alternative provisions in Derby for KS3 and KS4:

Alternative provision - unregulated

Alternative provision can also be a place that is not a registered school or college. Schools sometimes pay for this alternative provision for pupils who are struggling to engage with learning at school, or need something more or something different.

The pupil's home school has responsibility for the alternative provision. Objectives and a timeline should be agreed and set out clearly in writing. Schools should frequently monitor the progress of their pupil with visits and reviews. It is very important that the pupil's return to school should be carefully planned and supported.

Pupils who use alternative provision remain on roll at their home school. The home school remains responsible for all learning, attendance and safeguarding.

When is alternative provision used?

Alternative provision is typically used by schools for young people if a full-time mainstream or special school timetable is not appropriate. For example, if a young person is more likely to engage with a vocational course for one to two days per week.

Find alternative provision

Derby City Council have an approved alternative provision directory. The provisions have been quality assured and therefore approved by Derby City Council. However, it is the responsibility of commissioning schools to carry out appropriate checks on the provision and to regularly review their pupil's progress.

If you are an alternative provider and would like to join the approved alternative provision directory, please email ellen.wilkinson@derby.gov.uk.

The following unregistered alternative providers have been approved by Derby City Council. They have had a visit from a member of the IYFA team and the quality assurance framework has been partially completed (sections 1 and 2).

If you would like to commission a place at one of the provisions, please email ellen.wilkinson@derby.gov.uk.

Can a school send a pupil off-site for education to improve their behaviour?

Governing bodies of maintained schools have the power to direct a pupil off-site for education to improve his or her behaviour.

The Secretary of State has set out in regulations, how schools must use this power. The governing body must:

Ensure that parents (and the local authority if the pupil has an education, health and care (EHC) plan) are given clear information about the alternative provision placement. This should why it is being used, when, where, and how it will be reviewed.
Keep the alternative provision placement under review and involve parents in its review. The regulations specify regular reviews but do not say how often reviews must take place. This should be decided on a case by case basis. Reviews should be frequent enough to provide assurance that the off-site education is achieving its objectives and that the pupil is benefitting from it.

This law does not apply to academies. They can arrange off-site provision for similar purposes under their general powers, set out in the academy trust's articles of association. Although the regulations and guidance do not apply, they can provide academies with an example of good practice.

Responsibility for a pupil in alternative provision

The school is responsible for the provision at any off-site setting. Schools should carefully consider whether a provider can meet the needs of their pupils, including the quality and safety of the provision.

School leaders must:

make appropriate checks on the registration status of the provision and be clear how that has influenced their decision to use that provider
conduct safeguarding checks before using the provision, and continue to monitor to ensure that the provision is a safe place for their pupils to attend
ensure that pupils benefit from a well-planned and sequenced, well-taught, broad and balanced curriculum
monitor and review the attendance and behaviour of the pupils who attend the provision as thoroughly as for pupils who are on-site
ensure that the provision promotes pupils' personal development
communicate with parents and pupil about the arrangements for alternative provision
secure transport where required
make suitable arrangements where a pupil is eligible for free school meals.

Quality Assurance of the provision is the school’s responsibility.

Quality assurance framework for unregulated alternative providers

Commissioning agreement with the alternative provider

A commissioning agreement should be drawn up for each pupil attending alternative provision.

The school commissioning the placement should maintain ongoing contact with the provider and pupil, with clear procedures in place to exchange information, monitor progress and provide pastoral support.

Schools must maintain a full record of all placements they make, including pupil progress, achievements and destination following the placement. This should also include the parents' and pupils' own assessment of their placement.

Alternative provision commissioning agreement

Safeguarding

There are currently no formal requirements for safeguarding training in alternative provision. The commissioning school is responsible for commissioning the placement and must check safeguarding arrangements.

Communication with parents, carers and others

Parents and carers should be consulted and made aware of the reasons for the placement and its duration.

If a child has a social worker, or is looked after, children's social care and/or virtual school must be consulted and involved in a professionals' meeting in advance of a decision being made to use an alternative provider.

Monitoring attendance at alternative provision

Each pupil attending alternative provision must remain on a school roll. The school retains the ultimate duty of care wherever a pupil is being educated. Schools are legally responsible for using the correct attendance codes.

It is the school's responsibility to authorise or not authorise any unexplained absences marked by the providers.

Responsibility for the provision when a pupil has an Education, Health and Care Plan (EHCP)

The school named in Section I of the EHCP retains responsibility for the delivery of provision as written in Section F of an EHCP.