Alternative Provision

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

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 that 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 - Section 19 of the Education Act duty) 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 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 our Exclusions and Suspensions page:

Exclusion and Suspensions

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
Online learning

The Southend Local Offer Alternative Provisions list provides a directory of approved provisions. These settings have at least met the minimum standards set by Southend City 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 Southend Local Offer's Alternative Education page.

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.

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 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.

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 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 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.