Who is responsible for the quality of commissioned provision in England (whether or not it is meeting need)?
If a AP is named and it is just meeting identified need, but the quality is poor, who would be responsible for ensuring the quality improves?
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 06 May 2025
-
Other
|
Other
Other ...:
There is a lot to this question, and I hope this assists.
What is Alternative Provision?
Alternative provision refers to education arranged for children who cannot attend a mainstream or special school. This might be due to permanent exclusion, health problems, or other reasons. In some cases, it is named in an Education, Health and Care plan (EHCp) when a local authority decides that this type of setting best meets a child’s special educational needs.
Alternative provision can include pupil referral units (PRUs) or other approved education providers. These settings must provide education that is appropriate for the child’s age, ability, and any additional needs.
It is important to note that “education otherwise than at school” (EOTAS), arranged under s 61, the Children and Families Act 2014, is separate from alternative provision and has different rules and responsibilities.
Who is Responsible for the Quality of Provision?
Two key parties are responsible when an EHCP names a specific alternative provision:
1. The Local Authority (LA)
The local authority must:
- Arrange (or secure) and fund the special educational provision set out in the EHCP (as required by s. 42 the Children and Families Act 2014).
- Ensure that the provision is ‘suitable’ for the child’s needs — this includes the quality of education.
- Monitor progress, and check that the provision is delivering what is required by the EHCp.
- Review the EHCp at least once a year to assess whether the child’s needs are still being met appropriately.
- Act if concerns arise about the setting’s suitability, including its quality.
In short, the LA cannot simply name a setting and walk away — it has a duty to ensure the provision is working well and making a difference to the child.
2. The Alternative Provision Provider
The provider itself — such as the PRU or academy — is responsible for:
- Delivering the support specified in the EHCp and using its best endeavours to meet the child’s needs (under section 66 of the Children and Families Act 2014).
- Providing quality teaching and learning,
- Ensuring staff are properly trained and the curriculum is suitable.
- Monitoring the child’s progress, adapting support if needed, and maintaining effective communication with the local authority.
The provider’s leadership team and governing body (or trust, in the case of academies) are accountable for standards, outcomes, and improvement.
What Happens if the Quality is Poor?
If the provision is delivering what is written in the EHCp — but doing so to a poor standard — responsibility is shared:
- The alternative provision provider must take steps to improve teaching, support, and overall quality. This might involve staff development, curriculum changes, or investment in better facilities.
- The local authority remains responsible for ensuring that the placement is appropriate. If the LA becomes aware that the education is poor in quality — even if the needs in the EHCp are technically being met — it must act. This could involve:
- Working with the provider to improve quality.
- Requesting updates or evidence of progress.
- Reassessing whether the provision is still suitable for the child.
- Amending the EHCP or naming a different provider.
The SEND Code of Practice states that education arranged through alternative provision must be kept under review and should be equivalent in quality to mainstream schooling. It also stresses the importance of high standards and progress for pupils with special educational needs.
In Summary
- The local authority is responsible for arranging and funding the provision, monitoring its suitability, and taking action if the placement no longer meets the child’s needs — including where quality is an issue.
- The alternative provision must provide quality education and support and ensure the EHCp is followed in full.
- Both parties are responsible for improving poor-quality provision: the provider must raise standards, and the local authority must ensure the child’s needs continue to be met in a suitable and effective way.
Sean Kennedy
06 May 2025
|
Comment