15/11/2025
I work in education and hadn’t realised this…so how many others haven’t?
AP needs to be safe, meet needs etc but in a way that doesn’t mean it makes it less likely that a child can continue to access it.
This week, I met with a group of Alternative Provisions (APs) and was astounded by the fact that most of them hadn't heard about the Children's Wellbeing and Schools Bill - or they didn't know the impact it would have on them.
Section 30 deals with "Independent Education Institutions" - which means everything from online provision, 1:1 tutors, home ed co-operatives and of course, alternative provision.
The section covers various points, but the one that needs to make everyone stand up and pay attention is how many hours young people will be allowed to attend.
Many APs will allow young people to attend for 3 days, varying from 12 - 18 hours. This is currently classed as "Part-Time" Education in the eyes of the Government and it is legal to operate this way, without being a school.
However, the Department of Education think that provisions are purposely "evading" registration as a school by operating this way.
Yes, that's correct - if you abide by the law now, you are actually "evading" breaking it... Go figure that one.
So instead of a set level of hours (eg 15 or 18 hours), they are going to use the phrase "majority of education".
Meaning if one child is assessed to be receiving the majority of their education at a provision, it will be classed as "Full-Time" - even if that provision is only one day a week.
----------------------
Example 1:
Louisa currently attends Alternative Provision 3 days a week for 5 hours a day. She is learning mechanics and carpentry skills, has stopped self-harming and can now work with a small group of young people.
She attends school for 2 hours on a Monday and 2 hours on a Tuesday, where she has a 1:1 for some Maths and English tuition.
At the moment, this is fine, as she is only attending the AP Part-Time.
However, if the Children's Wellbeing and Schools Bill goes through, the Local Authority will say that she receives the majority of her education at the AP.
So the AP is now an illegal school.
The AP will then need to become a school or close down.
Example 2:
Jamie goes to the AP down the road one day a week for Maths, English and Science classes.
He is home educated, and at home, he follows a self-directed learning path, so he follows his interests instead of a curriculum.
Jamie is 14 and already a Grade 8 musician. He spends most of his time playing, composing, helping at home, walking his dog and spending time with friends.
The Local Authority decide that the AP is providing the "Majority of his Education".
So the AP is now an illegal school.
The AP will then need to become a school or close down.
---------------------
Alternative Provisions (APs) that are regularly commissioned by the Local Authority are not magically exempt from these clauses, and neither has the Government given anyone (including the LAs) reassurance that vital services to children with SEND will remain.
In fact, they have done the opposite by murmuring about EHCP's ending, specialist provision for only the most "complex" SEND young people and for everyone else to be in mainstream.
Sound like insanity to you?
Then you would be right.
---------------------
So is the magic solution to jump through some hoops and register as an independent school?
Sure, it could be - but you might want to just consider how much the Government is doing to support that sector at the moment.
Yes, that's correct - the answer is not only "Nothing" but also that they are doing all they can to eradicate it, and being fairly successful in the process.
However, smaller independent schools are weathering this at the moment, and it could be that this is the right move for many APs - but it will involve a big investment to manage the paperwork, the compliance, and changes to how they work.
For many who only have part-time use of a building, or simply do not have the capacity for that level of upscaling, it won't be an option.
---------------------
A very alarming part of this Bill is that in many places it gives the Government the power to decide the "details" later on, in Secondary Legislation.
Basically, this Bill gives them the power to pretty much make it up as they go along to ensure they bring as many provisions into scope as they feel necessary.
---------------------
So will this Bill apply to every institution?
At the moment, they have listed some "Excepted Institutions" - but these are fairly obvious ones, like state-maintained schools (as they are already a school!), FE colleges and Nurseries.
However, they do have the power to add more provisions to this list. This "could" include APs that are registered on a Local Authority AP framework, but there is no indication of this happening and no assurance that it will.
They also "could" set a minimal threshold (6 hours has been discussed) - but calls for this have so far been rejected.
If they did make exceptions in this way, you would then need to question how that would work, as every provider could simply register on an AP framework and therefore continue as they were...
---------------------
Is it okay that provisions that are meeting needs that schools cannot, are being treated as "would-be criminals" who are evading school registration?
Is it okay that they get to "make up the rules" after the Bill has gone through?
Is it okay that Local Authorities and parents have been given zero reassurance in legislation that the education of children will come first over their ideology of "one size fits all"?
And is it okay that they are throwing BILLIONS down the drain in every which way possible when all they need to do...
..is "do education differently"?
---------------------
What you can do:
👉 Read the Bill and the explanatory notes (links in comments)
👉 Talk to other APs
👉 Check out my posts since January (most cover the Bill)
👉 Speak to your Local Authority (council) and ask them what they are doing to get reassurance for APs
👉 Get in touch with your MP and ask them to push for reassurance that your child's AP will be protected and that provision for SEND will not be impacted
👉 Share content, sign petitions and make some noise!
PS - if you are an AP that supports Home Ed young people, there is a whole other section of the Bill you need to be clued up on, which will require you to provide the LA with personal details of all Home Ed young people attending your provision. Something you and parents are unlikely to be okay with.
***************************************
--------------------------------------
*
No to the Children's Wellbeing and Schools Bill.
Yes to school (and government) reform.
*
www.areyoulisteningnow.co.uk
*
If you would like to support my content and campaign work, which includes train fares, website stuff and actual cups of tea, please visit https://buymeacoffee.com/jennhodge Thank you 🙂
