1. Purpose
This policy sets out how Devon County Council fulfils its statutory duties, including under Section 19 of the Education Act 1996, to arrange suitable full-time education for children and young people who cannot attend school.
It provides a clear and consistent framework for:
- the appropriate use of Alternative Provision (AP)
- decision-making and review of placements
- commissioning and oversight of provision
- ensuring that all Alternative Provision is safe, suitable and focused on positive outcomes
This policy supports inclusion, safeguarding and positive educational outcomes, and sets out how schools, services and partners will work together to ensure that Alternative Provision is used purposefully, proportionately and effectively.
This policy should be read alongside Devon County Council’s Section 19 Policy, which sets out the Local Authority’s duties in relation to education for children who cannot attend school.
2. Devon’s approach to Alternative Provision
Devon County Council adopts a proactive, inclusive and safeguarding-led approach to the use of Alternative Provision.
Alternative Provision is used as a planned intervention within an inclusive education system, not as a parallel or alternative pathway.
In Devon, Alternative Provision is increasingly structured around a graduated and tiered model, reflecting different levels of need and purpose. This enables provision to be used flexibly to support:
- early intervention and prevention
- short-term support and reintegration
- planned transition to appropriate next steps
This means:
- Alternative Provision is purposeful, proportionate and time-limited, with clear objectives and regular review
- it forms part of a graduated response, building on Ordinarily Available Inclusive Provision (OAIP) and inclusive practice
- provision is matched to assessed need and informed by professional judgement
- all provision must be safe, suitable and of high quality, meeting safeguarding expectations
- a clear plan is in place from the outset, including intended outcomes and next steps
- provision supports progression and sustainable outcomes, including reintegration or transition where appropriate
Alternative Provision must not be used:
- as a substitute for inclusive mainstream practice
- in place of appropriate SEND assessment or provision
- to avoid lawful exclusion processes or manage behaviour outside of statutory frameworks
This approach ensures that Alternative Provision supports engagement, progress and sustainable outcomes, with shared responsibility across schools, the Local Authority and partners.
2.1 Our approach in practice
In delivering the expectations set out in this policy, all partners will apply Devon’s Four Cornerstones. These principles describe how services, schools and professionals should work with children, young people and families in practice.
- Welcome and care – Ensuring children and families feel safe, supported, and able to engage, particularly at times of change, challenge, or vulnerability.
- Value and include – Recognising individual needs, promoting belonging, and removing barriers so all children can access and benefit from education.
- Communication – Sharing information clearly, consistently, and transparently, and ensuring that children and families are listened to and understood.
- Work in partnership – Working collaboratively across schools, services, families, and partners to take shared responsibility for outcomes and ensure coordinated support.
These principles underpin how statutory duties and expectations are delivered, ensuring that practice is inclusive, relational, and focused on achieving the best possible outcomes for children and young people.
3. Scope
This policy applies to:
- All children and young people of compulsory school age (5-16) who reside in Devon and require Alternative Provision
- Young people aged 16–25 where Alternative Provision or Education Other Than at School (EOTAS) forms part of an Education, Health and Care Plan (EHCP)
This includes children and young people who:
- have been permanently excluded or are at risk of exclusion
- are unable to attend school due to medical needs
- have complex or exceptional circumstances impacting attendance at school
- require Alternative Provision as part of SEND support or assessment
- are not in receipt of suitable education and require provision under the Local Authority’s statutory duties
This policy applies where Alternative Provision is arranged or commissioned by:
- Devon County Council
- schools, academies and education settings within Devon
All services and partners are expected to work in line with this policy to ensure that Alternative Provision supports engagement, progress and sustainable outcomes, with shared responsibility across schools, the Local Authority and partners.
4. Legal and statutory framework
This policy is underpinned by the following legislation and statutory guidance:
- Education Act 1996 (Section 19) – duty on local authorities to arrange suitable full-time education for children who cannot attend school
- Education Act 2002 – duties relating to safeguarding and the provision of education
- Children Act 1989 and 2004 – duties to safeguard and promote the welfare of children
- Children and Families Act 2014 and the SEND Code of Practice – duties in relation to children and young people with special educational needs and disabilities
- Suspension and Permanent Exclusion Guidance – statutory guidance on exclusions and the use of alternative provision
- Alternative Provision Statutory Guidance – expectations for the use, commissioning and oversight of alternative provision
- Ensuring a good education for children who cannot attend school because of health needs – statutory guidance for local authorities on education for children with medical needs
- Keeping Children Safe in Education (KCSIE) – safeguarding responsibilities for children accessing alternative provision
Devon County Council fulfils its statutory duties through robust arrangements for commissioning, monitoring and reviewing Alternative Provision, ensuring that provision is suitable, safe and supports positive outcomes for children and young people.
5. Key definitions
The following definitions are provided to ensure clarity and consistency in the
application of this policy.
- Alternative Provision (AP): Education arranged for children and young people who cannot attend their usual school or setting for a period of time.
- Registered Alternative Provision: Provision that is registered and inspected, including maintained or academy AP schools, pupil referral units and hospital schools.
- Unregistered Alternative Provision: Provision arranged for children and young people which is not registered as a school, but which provides education or support as part of an alternative provision placement.
- Education Other Than at School (EOTAS): Education arranged by the Local Authority for a child or young person who is unable to attend school, including alternative provision or other bespoke arrangements, often as part of a longer term plan.
- Ordinarily Available Inclusive Provision (OAIP): The support and adjustments that mainstream schools and settings are expected to provide as part of their everyday inclusive practice.
- Reintegration: The planned and supported process of a child or young person returning to mainstream education or progressing to an appropriate setting following a period of Alternative Provision.
6. Roles and responsibilities
The following responsibilities set out clear expectations for Devon County Council, schools and partner agencies to ensure a consistent and effective approach to the use of Alternative Provision.
Devon County Council will:
- fulfil its statutory duties, including under Section 19 of the Education Act 1996, to arrange suitable full-time education where children and young people would otherwise not receive it
- maintain oversight of the use of Alternative Provision across Devon
- ensure that provision commissioned by the Local Authority is safe, suitable and of appropriate quality
- monitor attendance, engagement, progress and outcomes for children and young people in Alternative Provision
- ensure that safeguarding requirements are met in all provision arranged by the Local Authority
- work with schools and partners to ensure that Alternative Provision is used appropriately, proportionately and in line with statutory guidance
- align Alternative Provision with longer-term plans for children and young people, including SEND and reintegration or transition planning
- intervene where there are concerns about the quality, safety or appropriateness of provision
Schools and education providers must:
- prioritise inclusive practice and early intervention to reduce the need for Alternative Provision
- ensure that Alternative Provision is used appropriately, with clear purpose, expected outcomes and review arrangements
- carry out appropriate due diligence when commissioning or placing in Alternative Provision
- maintain responsibility for the safeguarding, attendance, educational progress and outcomes of any child or young person they place in Alternative Provision
- ensure that placements are regularly reviewed and adjusted where provision is not effective
- notify the Local Authority where unregistered Alternative Provision is used, using the local notification process
- work collaboratively with the Local Authority and partners to support reintegration or progression to appropriate next steps
Partner agencies should:
- share relevant information to support assessment, planning and review of Alternative Provision
- contribute to multi-agency planning where children and young people have additional needs
- support safeguarding and welfare by raising concerns promptly in line with safeguarding procedures
- work collaboratively to support positive outcomes and transitions for children and young people
7. Decision making and the use of Alternative Provision
Alternative Provision must only be used where it is necessary to meet the needs of a child or young person and where suitable full-time education cannot be secured through existing arrangements.
7.1 Considering Alternative Provision
Before Alternative Provision is put in place:
- schools and services should consider whether a child or young person’s needs can be met through OAIP, reasonable adjustments and inclusive practice
- assessment of need should be undertaken, informed by professional judgement and, where appropriate, multi-agency input
- the use of Alternative Provision should be clearly linked to identified needs and intended outcomes
7.2 Decision making
Decisions to use Alternative Provision must:
- be based on assessed need and clear rationale
- include defined purpose, expected outcomes and intended duration
- be made through appropriate school or Local Authority processes, depending on who is arranging the provision
- take account of the views, wishes and needs of the child or young person and their family
7.3 Placement planning
All Alternative Provision placements must:
- have a clear plan from the outset, including objectives, support arrangements and review points
- ensure that provision is safe, suitable and appropriate to the child or young person’s needs
- include arrangements for monitoring attendance, engagement, progress and safeguarding
7.4 Review of provision
Alternative Provision must be regularly reviewed to ensure it remains appropriate and effective.
Reviews should:
- consider attendance, engagement, progress and wellbeing
- assess whether the placement continues to meet the child or young person’s needs
- identify any required changes, including escalation, reduction or ending of provision
- take place at appropriate intervals, proportionate to the level of need and risk
7.5 Ending and transition
Alternative Provision should:
- be time-limited wherever appropriate
- support progression to a sustainable next step, including reintegration to mainstream education or transition to another suitable placement
Provision should only continue where it remains necessary and appropriate, and decisions to end or extend placements must be based on review of need and outcomes.
8. Safeguarding
Children and young people supported through Alternative Provision may be at increased risk of harm. The use of Alternative Provision must be treated as a potential safeguarding consideration at all times.
The use of Alternative Provision does not reduce the responsibility of schools or the Local Authority to safeguard children and young people.
8.1 Safeguarding responsibilites
Where a school places a child or young person in Alternative Provision, the school remains responsible for:
- ensuring that the provision is safe and appropriate
- safeguarding and promoting the welfare of the child or young person
- monitoring attendance, engagement and wellbeing
- maintaining regular contact with the provider and the child or young person
Where Alternative Provision is arranged by the Local Authority, Devon County Council retains responsibility for:
- ensuring that provision is safe, suitable and meets safeguarding requirements
- monitoring safeguarding arrangements within provision
- taking action where concerns arise
All Alternative Provision must operate in line with Keeping Children Safe in Education (KCSIE) and local safeguarding procedures.
8.2 Responding to concerns
Where safeguarding concerns are identified:
- immediate action must be taken in line with safeguarding procedures
- concerns must be escalated without delay
- referrals must be made to Children’s Social Care where appropriate – If a professional has a concern about the risk of harm to a child, an immediate referral should be made to the Front Door as per Devon’s safeguarding and child protection procedures
The Front Door, P.O Box 723, Exeter, EX1 9QS.
0345 155 1071
mashsecure@devon.gov.uk
Emergency Duty Team (out of hours): 0845 6000 388
Provision which does not meet safeguarding expectations must not be used.
9. Related policies
This policy should be read alongside the following policies and guidance, which support a consistent, inclusive and safeguarding-led approach:
- Safeguarding and Child Protection Policy
- Working Together to Improve School Attendance Policy
- Children Missing Education Policy
- Section 19 Policy
- SEND Code of Practice
These documents set out additional responsibilities and processes which must be considered alongside this policy.
10. Governance, reporting and review
School governing bodies and academy trust boards are responsible for ensuring that appropriate versight arrangements are in place where Alternative Provision is used.
Devon County Council will:
- monitor and report information through appropriate strategic governance arrangements
- maintain oversight of the use of Alternative Provision across Devon
- use data and intelligence to identify patterns, trends and areas for improvement
- ensure that monitoring activity informs service development, commissioning decisions and continuous system improvement
This includes oversight of:
- attendance, engagement and outcomes for children and young people in Alternative Provision
- safeguarding compliance and the quality of provision
- patterns of use across settings and cohorts
Where concerns are identified, Devon County Council will take appropriate action to support improvement or address risks.
This policy will be:
- reviewed annually to assess its implementation and impact
- formally reviewed every three years, or earlier where required in response to changes in legislation, statutory guidance or identified areas of risk or improvement.
July 2026