Question to the Department for Education:

To ask Her Majesty's Government what safeguards are in place to ensure that children in care who are in Alternative Provision are always educated by registered providers.

Any independent alternative provision (AP) setting that provides full-time education to one or more children who is looked-after or who has an Education, Health and Care Plan must be registered as a school. It is a criminal offence to operate an unregistered school. We have successfully prosecuted those operating unregistered independent schools and would prosecute any AP setting that was operating as an unregistered independent school. Some children in care may access provision that is not legally required to register as a school if it is on a part-time basis as part of a wider package of education and support.

In all cases, the duty on local authorities under the Children Act (1989) to safeguard and promote the welfare of children in need in their areas applies regardless of where a child is educated. For children in care, their social worker should seek a school or other education setting that is best suited to the child’s needs, which may include a part-time, unregistered AP setting. In all cases, the local authority or school that commissions the place in AP should assure themselves that the setting is registered where applicable and the provision is delivered by high quality staff with suitable training, experience and safeguarding checks.

The department is currently looking closely at what we need to do to ensure AP provides high quality education and the right support to these children that will enable them to succeed. The department wants to be as ambitious for them as we are for all children and young people.

As part of this the government has launched a £4 million AP Innovation Fund which is delivering nine projects focused on testing ways to improve outcomes for children in AP. In due course, we will set out plans to go further for improving outcomes for children in AP, including how we will support alternative providers to attract and develop high-quality staff.