Alternative Provision

Local authorities are responsible under the Section 19 duty for arranging suitable full-time education for permanently excluded pupils, and for other pupils who, because of illness or other reasons, would not receive suitable education without such provision.

The term ‘Alternative Provision’ is used to describe the education arrangements for pupils to continue to have a suitable, full-time education. Alternative provision can be used where a child has not been excluded, including alongside mainstream or special education, where there are medical needs or for a placement to support them with their behaviour.

Alternative provision usually makes up part of a child or young person’s curriculum but may, in some cases, make up their entire curriculum. The child/young person will remain on the roll of that school and the responsibility for delivering the full time education and all other duties in respect to the child remains with the school.

The commissioning school remains responsible for monitoring and tracking the progress of individual children. They must also make sure that the provision is of good quality, value for money and meets the needs of the child.

It is for the local authority to decide what education provision is suitable for the child, and includes all children, with or without special educational needs.

In the Alternative Education, Statutory guidance for local authorities the key points are:-

Local authorities are responsible for arranging education for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education

Governing bodies of schools are responsible for arranging suitable full-time education from the sixth day of a fixed period exclusion.

pupils being directed by schools to off-site provision to improve their behaviour

Statutory guidance sets out the Government’s expectations of local authorities and maintained schools who commission alternative provision and pupil referral units. The Government expects those who are not legally required to have regard to the statutory guidance to still use it as a guide to good practice

What is the Section 19 Duty?

Section 19 of the Education Act 1996 outlines the legal duty for the local authority to secure suitable, full-time alternative education or otherwise than at school (EOTAS) for those children of compulsory school age who, by reason of :-

illness is preventing them from being able to attend school
they have been permanently excluded from school or otherwise, or
may not for any period receive suitable education unless such arrangements are made for them

Is there an approved list of alternative Provisions?

Alternative provision under Section 19 (EOTAS) are usual temporary for those children of compulsory school age who, by reason, of illness, exclusion from school or otherwise, may not for any period receive suitable education, unless alternative provision are made for them:-

Pupil Referral units (PRU's)
Hospital Schools
Alternative provision eg. therapeutic, practical learning settings
home school tutors
On line learning

The Essex Local Offer Alternative Provisions list provides a directory of approved provisions. These settings have at least met the minimum standards set by Essex County Council.

Alternative Education for Exclusions

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.

Read our information on Exclusions and Suspensions

Alternative Education for Health Needs (physical or mental health)

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.

Schools are required to let the local authority know of any pupil who have missed 15 school days (consecutively or cumulatively) and consider alternative arrangements to best support your child.

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. Schools must not try to persuade parents to educate their child at home by way of avoiding exclusion, or due to poor attendance.

The statutory guidance Arranging education for children who cannot attend school because of health needs says

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)

Read our information on Supporting Medical Needs

Can I request Alternative Provision for my child?

In the first instance, you should speak to your child's school and discuss options with all professionals involved. You can discuss the option of alternative provision and take a look through the Essex Alternative Education Directory

We encourage you to talk through all the options with the school and the professionals supporting your child. If these conversations do not resolve things, parents can contact the Local Authority directly at section19@essex.gov.uk.

If you have contacted the local authority directly but experience any difficulties with your request, IPSEA provide a template letter for parents to request alternative provision Getting temporary education put in place

Does the Section 19 duty apply to children if they are not on a school roll?

Yes, but only if the child is of compulsory school age and who, by reason of :-

illness is preventing them from being able to attend school

they have been permanently excluded from school or otherwise, or

may not for any period receive suitable education unless such arrangements are made for them

Supporting evidence must be provided to show that your child meets the Section 19 duty for the local authority to arrange alternative provision.

Parents can contact the Local Authority directly at section19@essex.gov.uk.

IPSEA provide further information on What support should the LA give me if my child is out of school for any reason?

IPSEA also provides a template letter for parents wishing to request for alternative provision Getting temporary education put in place.

You can read more on the definition of Section 19 'Otherwise'

What is a PRU?

A PRU is a Pupil Referral Unit. All children and young people, regardless of circumstances should receive a good education.

A Pupil Referral Unit is for children or young people who need to be educated out of school, often because they have been excluded or for other reasons, such as

Experiencing emotional or behavioural difficulties, including anxiety and emotional based school avoidance
Experiencing severe bullying.
Pregnant young people or young parents
Children & young people with medical conditions

PRU's have the same legal status as schools in some respects but do not have to teach the national curriculum.

Local Authorities must provide education for children and young people who have been permanently excluded or who are too ill to attend school for some time.

Schools have a duty to provide education for children and young people from the sixth day of a suspension.

Sometimes schools also need off-site education to help children and young people improve their behaviour or deal with their anxiety. Alternative provision may be used for the education of these children and young people.

What does the term 'Request for Support' or a 'Positive Referral' to the local authority mean?

It is expected that schools have followed the graduated approach (assess, plan, do & review) and considered alternative solutions, such as outside agency/local authority professionals involvement, or applying for an Education, Health & Care Needs Assessment before considering making a positive referral or request for support to the Local Authority. The local authority will sometimes term a positive referral a request for support.

A positive referral is a non-statutory agreement between a school and a pupil referral unit (PRU) where a pupil is placed on a fixed term or permanent placement at an alternative education unit. Parents/ carers have to consent to a positive referral but in instances where parents/ carers refuse, it is for the school to explore an alternative option. Positive Referrals are not subject to the same legal protection as a permanent exclusion. However, a school may take the option of a permanent exclusion if a positive referral is not agreed.

Sometimes a child/young person can be sent to a PRU until a new school is secured (school have to provide first 5 days education then Local Authority needs to provide education from day 6) or the child remains on school role and attends the PRU for approximately two terms then returns to school. It could be that a mixed timetable (PRU and school) with support is considered. Alternatively, the PRU could provide outreach support to the school. These options can be considered by parent, child and school.

What are the legal definitions for "full time" and "suitable"?

There is not a statutory definition of what constitutes "full time"

The Department for Education Alternative Provision Guidance states

7. 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.

Section 19(3A) Education Act 1996 makes an exception for children who, “for reasons which relate to [their] physical or mental health”, it is not considered to be in their best interests to be provided full-time education.

There is a requirement that the education provided is "suitable".

Section Section 19 of the Education Act states

The education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—

(a)full-time education, or

(b)in the case of a child within subsection (3AA), education on such part-time basis as the authority consider to be in the child's best interests.

For post-16 education, local authorities have the power to provide alternative provision rather than a duty to provide it.

What is the difference between EOTAS and EOTIS?

EOTAS (Education other than at school) under Section 19 of the Education Act is usually short term and temporary.

illness is preventing them from being able to attend school

they have been permanently excluded from school or otherwise, or

may not for any period receive suitable education unless such arrangements are made for them

EOTIS (Education other than in school) under section 61 of the Children and Families Act 2014. is provision described in an EHC plan. If your child or young person has an EHC plan and the education setting is not appropriate and you have not chosen to home educate them, the local authority can arrange for the educational provision to be delivered somewhere else and this will be described in Section F of the the EHC plan. The LA would then be responsible for continuing to secure and fund that provision.

This is know as EOTIS (Education otherwise than in school) and should not be confused with EOTAS (education otherwise at school) which is temporary alternative provision.

Find out more about EOTAS and EOTIS

If your child has EHCP

The local authority has a legal duty to ensure that the special educational provision specified in section F of an Education, Health and Care plan is delivered (this is set out in section 42 of the Children and Families Act 2014).

This means

the local authority remains responsible for making sure the special educational provision in section F of the EHCP continues to be delivered, so that the education under Section 19 of the Education Act is 'suitable'.

if school is not suitable, the EHCP may be updated to include alternative arrangements, such as EOTIS. EOTIS is Education Otherwise Than in School, under 61 of the Children & Families Act

If your child is out of education due to exclusion, illness or or for any other reason you should convene an emergency/early Annual Review.

Is there a duty for local authorities to provide alternative provision for pupils aged 16-18?

No, Local authorities have a discretionary power (not a duty) to arrange education provision, where not already available, for pupils aged 16-18.

What does Hospital Education mean?

Hospital education means education provided at a community special school or a foundation special school established by a hospital, or education provider, under section 19 of the Education Act 1996.

The decision to provide hospital education is made by a medical practitioner. Example – Children’s Hospital School at Great Ormond Street Hospital (GOSH) and University College Hospital (UCH).

Hospital education will need a medical professional to state the child cannot attend school due to a medical condition.

Alternative provision for Pregnancy or Young Parents

Alternative provision is available for students experiencing pregnancy or for young parents to ensure continued education.

The local authority (Education Access Team) have a duty to arrange suitable education for pupils unable to attend mainstream school due to various reasons, including pregnancy. This can involve support from alternative providers, home tuition, or virtual learning options.

Your school can make the referral to the Essex Education Access Service, you can read the Support for Pregnant Students and School Age Parents

Useful Information

Section 19 'Otherwise'

from Essex County Council

EOTAS (Education Other than at school) Education Otherwise

EOTAS, under Section 19 of the Education Act, is usually short term to particular circumstances and usually temporary.