Question to the Department for Education:

To ask the Secretary of State for Education, what steps her Department is taking to (a) monitor and (b) improve alternative provision arrangements for children with SEND during the process of waiting for a tribunal.

Alternative provision (AP) schools contribute to a more inclusive whole-school system by working with mainstream schools to identify children’s special educational needs at the earliest stage. They can help devise interventions and provide additional support, enabling children to remain in a mainstream classroom or successfully transition into specialist provision.

In future, the department’s focus will be on providing early intervention and support to mainstream schools to equip all their children with the skills and confidence needed to thrive in education and reduce the need for AP placements. This early intervention will help children and young people, including those with special educational needs and disabilities (SEND) awaiting their Tribunal hearing, to get back on track quickly and have the skills to achieve and thrive.

If a local authority has issued an education, health and care plan naming a school or college, the plan carries statutory force until it is reviewed and amended, including when a plan is being appealed at the First Tier SEND Tribunal. This means the local authority must secure the specific special educational provision set out in the plan and that the setting must admit the child or young person, including those in AP, even whilst an appeal is ongoing.

The department monitors and holds local authorities to account for delivery of their SEND services through joint inspections by Ofsted and the Care Quality Commission. These inspections place greater emphasis on the outcomes being achieved by children and young people and are the primary tool to maintain a focus on high standards in the SEND system across all partners.