Important new Ofsted update on alternative provision

Article source: The Adopt South West Co-Production Group

In Ofsted’s new framework, released on Tuesday 29 November 2022, it states that alternative provision will continue and will be monitored.

Recently, there has been some considerable confusion in the South West to this regard; please note point 63 where it states:

Section 19 of the Education Act 1996 places a duty on local authorities to arrange alternative educational provision in school or elsewhere ‘for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education.

The education provided under section 19 should be full time (unless medical needs make this impossible) and suitable for the child, taking account of their age, ability and special educational needs (if any).

Further points do identify quality of provision and monitoring but to be very clear of doubt that council’s may have; Ofsted supports and reinforces the Education Act 1996.

More details in the framework found on the Government’s Area SEND: framework and handbook web page.

Alternative provision:

61. Inspectors will use the evaluation criteria to evaluate the local authority’s commissioning and oversight of alternative provision for all children and young people in placements directly commissioned by the local authority. This includes evaluating how the local authority ensures that placements: meet the needs and aspirations of children and young people; provide the support they need; prepare them for their next steps; and enable them to feel valued and included in their community. Inspectors will consider whether the local authority’s use of unregistered and online provision is lawful and appropriate to children and young people’s needs.

62. Inspectors will gather evidence to help evaluate the experiences and outcomes of children and young people with SEND in local authority-commissioned alternative provision. Where local authorities work with schools or trusts to commission and oversee placements, inspectors may gather and evaluate evidence about the local authority’s role. In graded education inspections, we look at the experiences of pupils in alternative provision commissioned directly by schools.

63. Section 19 of the Education Act 1996 places a duty on local authorities to arrange alternative educational provision in school or elsewhere ‘for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education’. The education provided under Section 19 should be full time (unless medical needs make this impossible) and suitable for the child, taking account of their age, ability and special educational needs (if any).

64. When evaluating the local authority’s commissioning and oversight of alternative provision, inspectors will:
meet local authority leaders to understand their strategy for alternative provision commissioning and oversight review information provided to Ofsted by the authority about its alternative provision arrangements have discussions with senior leaders and special educational needs coordinators to understand the authority’s processes and decision-making review the fair access protocols carry out sampling in one or more alternative provision settings.

Please find more information in the framework.