The government plans to 鈥渢ime-limit鈥 the use of unregistered alternative provision, require settings to comply with national standards and have councils maintain lists of 鈥渁pproved鈥 provision for schools to use. The Department for Education has published a on plans to regulate unregistered AP. It follows a Schools Week investigation which revealed how children as young as five were increasingly sent to unregulated institutions, which are not inspected by Ofsted or properly overseen by local authorities. 鈥極ut of sight, out of mind鈥: The rise of unregistered alternative provision The DfE said its proposed measures “prioritise the benefits of good-quality, time-limited placements in unregistered alternative provision, to supplement children鈥檚 education while they attend school regularly”. An evaluation report on the government鈥檚 2022 call for evidence, which received just 135 responses, found that 鈥渨hen used well, unregistered alternative providers address individual needs, supporting often very vulnerable children and young people to engage with education鈥. 鈥淗owever, in many areas there is insufficient oversight and transparency around the local management of placements in unregistered settings. 鈥淚n some cases, this has led to children and young people becoming less visible across the system, putting their safety and the quality of their education at risk.鈥 1. Time-limited placements Ministers are 鈥渃oncerned that some local authorities and schools are placing children into unregistered alternative provision on a full-time basis, either in one placement or in multiple placements, when their needs could and should be met in school鈥. Under the proposals, placements for children of compulsory school age in unregistered AP would be limited to either… Short-term, for 12 weeks or less, and for up to five days a week, with the pupils returning to their schools at the end of that period; or Longer-term part-time, for up to two days, or four sessions, per week15, with the pupils spending the rest of their time attending school. Multiple longer-term placements with different providers may be used but the combined total must not exceed two days or four sessions per week All children would remain on the admission register of their schools, and the DfE would 鈥渆xpect there to be plans for successful reintegration into full-time school when each placement has concluded鈥. The 鈥渙nly exception鈥 to that would be for the 鈥渟mall number of cases where it has been determined that it would be inappropriate for children with SEN to receive their special educational provision at a school鈥. 2. Councils will quality-assure provision Local authorities would be responsible for the 鈥渜uality assurance of all unregistered alternative provision settings offering time-limited interventions in their areas鈥. All unregistered AP would have to meet national standards before they could be added to, and then remain on, LA-approved lists. Schools and councils would then only be able to commission timetabled intervention from those on the approved lists. Councils will have the effectiveness of their quality assurance evaluated during Ofsted and Care Quality Commission local area SEND inspections. 3. Schools 鈥榬equired to inform鈥 LAs of placements Having one body in charge of quality assurance means schools and neighbouring local authorities 鈥渨ould not need to carry out duplicate checks for placements they commission in these unregistered settings鈥, the DfE said. However, schools will still be required to 鈥渁ssure themselves of the suitability of each placement鈥. The government has also proposed that schools be 鈥渞equired to routinely inform their local authority about placements they have commissioned in unregistered settings and provide feedback on their pupils鈥 progress鈥. They would also have to provide 鈥渆vidence of reintegration into fulltime education, at the end of every time-limited placement鈥. 4. New 鈥榥ational standards鈥 The new national standards cover the following five themes鈥 Safeguarding and the wellbeing of children Health and safety Admissions, guidance and support The quality of education The outcomes of children They will require all staff and proprietors to have an enhanced DBS check. Settings will also need safeguarding and health and safety policies. Admissions and referral procedures will need to be 鈥渃lear and well supported鈥. Settings will have to record pupil attendance. The standards will also require staff to have the 鈥渁ppropriate skills and qualifications to deliver programmes鈥. There must also be 鈥渞egular and thorough assessment and review of progress takes place鈥. Settings will also need to have a process for 鈥渟etting and monitoring learner progress to support reintegration where appropriate, and for taking action if progress is not on track鈥. 5. DfE considering 鈥榝lexibility鈥 for some provision Some pupils with special educational needs receive what鈥檚 called 鈥渆ducation otherwise than in school鈥, which is often abbreviated to EOTAS. This is sometimes delivered in unregistered AP. The DfE said it will consider whether there 鈥渕ay be a case for greater flexibility to enable more children in receipt of EOTAS to receive all of their special educational provision in a single setting鈥, as opposed to from several providers. Settings providing full-time education to five or more pupils 鈥 or one or more with an education, health and care plan – are required to register as independent schools. The DfE asked if this was a 鈥渂arrier鈥, and whether the law 鈥渟hould ensure that the delivery of all of a child鈥檚 EOTAS special educational provision will not be the trigger for the alternative provider being classified as an independent school鈥. 6. Separate arrangements for some SEND pupils The consultation deals with two groups of pupils receiving EOTAS – those who remain on their school鈥檚 register and those who do not. Provision for those remaining on school registers would be subject to the same council quality-assurance arrangements as for other unregistered AP. But provision for those who don鈥檛 stay on a school鈥檚 register would instead have to register with the DfE itself, comply with the new national standards, and be subject to periodic national inspections by an 鈥渋ndependent body appointed by the department鈥. New providers would have three months to demonstrate compliance. If they do not, councils must find other SEND provision. Those assessed as meeting the standards via this route would 鈥渁utomatically be able to join their local authorities鈥 lists of approved provision if they wish to do so鈥. 7. DfE will consider letting councils charge providers Introducing national standards may save providers money because they have to administer fewer checks from individual schools and councils, the DfE said. 鈥淪imilarly, we would expect this to reduce the burdens on schools, as they would no longer need to carry out checks on safeguarding, health and safety, and on the quality of the education.鈥 But councils 鈥渕ay find that alignment with our proposed standardised regulatory approach may lead to longer-term cost savings when compared with their approaches鈥. If it proceeds with the proposals, the DfE said it would 鈥渃onsider whether local authorities or national regulators might charge providers to join local approved lists, or to register with the department鈥.