The Department for Education’s latest guidance on alternative provision brings welcome clarity around the use of unregistered providers. Here’s what school leaders need to understand about working with these settings safely and legally.
What is Unregistered Alternative Provision?
Unregistered alternative provision refers to education settings that are not registered schools or colleges. These providers can offer valuable specialist support and opportunities for pupils, but must operate within specific parameters to remain legally unregistered. The DfE explicitly states: “Local authorities and schools CAN arrange alternative provision in settings which are not schools or colleges.”
When Can You Use Unregistered Providers?
The key point is that unregistered providers can be commissioned as long as they don’t meet the threshold requiring registration as an independent school.
Education providers offering full-time education for five or more children of compulsory school age or at least one child with an EHC plan or who is looked-after by the local authority are required to be registered as independent schools and meet the Independent School Standards.
This means schools can still develop valuable partnerships with specialist providers offering part-time placements or small group provision.
Your Legal Responsibilities
The updated guidance emphasises that commissioners (schools or local authorities) retain full safeguarding duties when placing pupils with unregistered providers. You must:
- Obtain written confirmation of appropriate staff safeguarding checks
- Ensure robust systems for monitoring attendance
- Maintain records of all site locations pupils may attend
- Know where pupils are during school hours
- Follow up promptly on any unexplained absences
Quality Assurance Frameworks
Many areas now use quality assurance frameworks for unregistered provision, with local authorities, schools and providers working together to:
- Define clear local standards
- Assess providers against safeguarding requirements
- Review accommodation quality
- Evaluate education provision
- Enable providers to demonstrate compliance before commissioning
Best Practice for Schools
When working with unregistered providers:
- Conduct thorough due diligence before placement
- Document all safeguarding arrangements
- Maintain regular oversight of pupil progress
- Keep accurate attendance records
- Review placements frequently
- Ensure clear communication channels
The Benefits of Getting it Right
When properly managed, unregistered alternative provision can:
- Provide specialist support tailored to individual needs
- Offer flexibility in meeting pupil requirements
- Complement mainstream education
- Help re-engage disaffected learners
- Support successful reintegration
Moving Forward
The updated guidance recognises the valuable role unregistered providers can play while ensuring appropriate safeguards are in place. The key is striking the right balance between flexibility and oversight.
With careful planning and due diligence, schools should feel confident in working with unregistered providers who meet standards and operate within legal parameters, while maintaining robust monitoring systems to ensure pupil safety and educational progress.
Download the full guidance here: https://www.gov.uk/government/publications/alternative-provision
