Alternative Provision
Email this pageSection 19 of the Education Action 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
In the Department for Education publication 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
EOTAS (Education other than at school - legal duty Section 19) is usually short term and temporary. 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.
Local authorities are responsible 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. This applies to all children of compulsory school age resident in the local authority area, whether or not they are on the roll of a school, and whatever type of school they attend.
Full-time education for excluded pupils must begin no later than the sixth day of the exclusion. You can read our information on Suspensions, Exclusions & Off Site Directions
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.
How 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 would encourage you to fully explore all the available options with the school and local authority professionals involved but if you are unsuccessful with these conversations, Ipsea provide a template letter for parents wishing to request for alternative provision Getting temporary education put in place
What is the difference between EOTAS and EOTIS?
EOTAS (Education other than at school) under Section 19 of the Children & Families Act 2014 is usually short term and temporary.
Section 19 of the Education Action 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
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 EOTIS (Education otherwise in school/college)
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.
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. Ipsea provide a template letter for parents wishing to request alternative provision Getting temporary education put in place.
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.