This is advice from the Department on statutory duties and powers concerning the use of alternative provision.
The first part of this document (paragraphs 1-27) explains the statutory powers and duties that apply in relation to alternative provision. The second part (paragraphs 28-47) contains statutory guidance to which the parties specified ‘must have regard’. This means that they should be able to demonstrate that they had considered this statutory guidance, and where it is not followed have reasonable grounds for deciding not to follow it.
The statutory guidance will have effect from 1 January 2013.
This guidance replaces the following guidance documents on alternative provision and pupil referral units:
- Commissioning alternative provision: Guidance for local authorities and schools;
- The constitution, roles and responsibilities of management committees;
- The operation of management committees; and
- Guidance for local authorities and schools: Pupil referral units and alternative provision.
Review date
The guidance is expected to be next reviewed in September 2013.
Definition
For the purposes of this guidance, the definition of alternative provision is as follows: education arranged by local authorities for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education; education arranged by schools for pupils on a fixed-period exclusion; and pupils being directed by schools to off-site provision to improve their behaviour.
