SENDIASS
Section 19 of the Education Act 1996 sets out the legal duty for a local authority to provide suitable full-time education for compulsory school-age children who are unable to attend due to illness, exclusion or otherwise.
This alternative education is referred to as ‘Alternative Provision’.
The most common type of alternative provision is a Pupil Referral Unit (PRU) which is a school that caters for children who are not able to attend mainstream school.
Other types of alternative provision can include things like tuition, therapeutic farms, forest schools, outdoor learning centres, sports facilities, animal assisted therapy centres and practical courses like mechanics or hairdressing.
Alternative provision pathways and packages are tailored to the needs of the child or young person and are made up of education services from multiple providers. Each local authority has established a framework of alternative provision providers that schools will be able to access when considering appropriate Alternative Provision pathways. The local authority checks each provider will have had checks (accredits) before they are added to the framework. However, it is the responsibility of the school to ensure that ongoing safeguarding and due diligence is continued when engaging with an alternative provider.
Alternative Provision must be full-time or equivalent unless a reduced level of education would be in the child’s best interests because of their mental or physical health. Education that is provided one-to-one may be considered ‘equivalent’ to full-time even if it is provided for fewer hours because one-to-one is more focussed for the child. The education provided must also be suitable for your child’s age, ability, and special educational needs (SEN). Alternative Provision can be made for any child, not just children with SEND. If an unregistered provider is used, then they should not provide more than 18 hours per week, as they could then be deemed to be acting as an unregistered school.
Alternative provision is often organised by the school to reduce suspensions and to prevent exclusions and this can be in the form of a managed move or the child being ordered to attend off-site provision.
If a child or young person has already been permanently excluded, alternative education must be provided from the sixth school day after the exclusion. This is organised by the local authority.
If a child or young person has a fixed-term exclusion of more than five school days, the school is responsible for securing suitable alternative education during that time. This can include provisions like setting work to be completed at home, tutoring or other arrangements suitable for the child’s age and stage of education and SEND.
More information and guidance on exclusion and steps schools must follow can be found on the IPSEA website.
If a child is unable to attend school due to a short-or long-term physical or mental health need or condition: If a child or young person is prevented from attending school due to health needs (including mental health), alternative education should be arranged by the local authority as soon as it is clear that the child will be away from school for 15 days or more. It is up to the school to tell the local authority about the child. The local authority will then discuss the child’s needs and the provision that will be required.
Please refer to the DfE statutory guidance for Arranging education for children who cannot attend school because of health needs for more information on how the LA and schools can support children who cannot attend school because of physical and mental health needs.
Temporarily not having a school place e.g. a child has moved into the area with no suitable school places or they are an asylum seeker: For children with no school place, education must be provided immediately by the local authority.
How to get alternative provision in place: The Local Authority should always try to work with the school to meet the child’s needs. Each local authority has their own local process for arranging alternative provision. In the first instance, parents should work with schools to access alternative provision. If this is unsuccessful, IPSEA have some template letters on their website that can be tailored to your individual circumstances when asking the local authority to arrange alternative education.
You can visit your local authority’s Local Offer website for more support in relation to education and inclusion.
You will find further information about the inclusion support service (ISS), and the services that are available through this process. There is also specific information and guidance for schools and parents or carers on how to manage Emotionally Based School Absence (EBSA)
Click here for further information from I.P.S.E.A in relation to securing alternative provision.
“Alternative provision” is the name for education that is provided to a child or young person who cannot attend school. People are entitled to alternative provision (AP) from the sixth day of an exclusion or if they are unable to attend due to illness. (There are sometimes other circumstances under which alternative provision is arranged but these are the main ones)
Education will be arranged through your EHC Coordinator and/or The SNO – Special Needs Officer. They will contact providers based on your child’s needs. You can suggest providers who might be suitable.
While ‘full-time’ is not defined in law, pupils in alternative provision should receive the same amount of education as they would receive in a maintained school. Full-time can be made up of two or more part-time provisions. If an unregistered provider is being used, then they should not provide more than 18 hours per week, or they could be deemed to be acting as an unregistered school.
There is no legal duty in relation to providing transport (or help with your transport costs) to AP settings. However:
It is typical for the school arranging the AP to fund transport.
Some disabled children can also access help with transport through social services.
The school transport team will consider applications for support with transport ton a case-by-case basis. Applications for school transport should be made via the local authority’s school transport team.