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A commitment from

The Children’s Plan

Back on Track
A strategy for modernising
alternative provision
for young people

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Department for Children,
Schools and Families

Back on Track
A strategy for modernising
alternative provision
for young people

Presented to Parliament
by the Secretary of State for Children, Schools and Families
by Command of Her Majesty

May 2008

Cm 7410 £13.90
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Contents
Executive Summary 4

Chapter 1: Bringing about a step change improvement 10


What is alternative provision? 10
Why alternative provision needs reform 11
What needs to be done 14
What the Children’s Plan said 14
The vision 15

Chapter 2: Starting from the child 17


The case for change 17
Our proposals 19

Chapter 3: Better planning and commissioning of alternative provision 28


The case for more strategic commissioning 28
Clarifying roles of schools and local authorities 29
Encouraging the use of a wider range of alternative provision 31

Chapter 4: Increasing accountability 33


Raising attainment for pupils in Pupil Referral Units and alternative provision 33
Inspecting Pupil Referral Units and intervening when necessary 35

Chapter 5: Developing the capacity of alternative provision


– better professional support, better accommodation and better facilities 37
Developing the workforce 38
Developing leaders 40
Better accommodation and facilities 40
Extending capacity through collaboration 41
The team around the child and their family 42

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Back on Track A strategy for modernising alternative provision for young people

Chapter 6: Alternative provision as part of our overarching strategy


for behaviour in schools 43
The role of schools 43
School behaviour partnerships 44
The role of alternative provision 45
The role of wider support services 46
Targeted youth support – transforming services for vulnerable young people 47
Alternative provision and special schools 48
In Year Fair Access Protocols 49

Chapter 7: Learning from the best and supporting innovation 50


Building on what works 50
Testing a range of models 50

Chapter 8 – Delivering change 53

Annex 1 – Implementation timeline 57

Annex 2 – Legal and financial framework for Pupil Referral Units and alternative provision 58

Annex 3 – letter from Sir Alan Steer to the Secretary of State 61

Annex 4 – Consultation questions 65

ii
Ministerial foreword
The Children’s Plan set out our proposals for professionals have told us that we need to do
improving the lives of children and young people more to intervene early to support and challenge
– making this country the best place in the world those young people who are starting to cause
to grow up. In the consultation on the Plan, difficulties in school and to improve educational
parents told us about the importance they attach provision for those who are permanently excluded
to good classroom discipline, so that their children from school. Two-thirds of permanently excluded
can learn and do well at school. We agree. That is pupils and 75 per cent of pupils in Pupil Referral
why we took swift action following the report of Units have special educational needs, and there is
Sir Alan Steer’s Practitioners’ Group on School more that we can and should be doing to identify
Behaviour and Discipline by implementing their and address those needs earlier. Too many of these
key recommendations, including giving school young people not only fail to fulfil their own
staff for the first time a clear statutory power to potential, but go on to cause serious problems for
discipline. We agreed with Ofsted to ‘raise the bar’ themselves and their communities. It costs around
for their inspection of behaviour in schools, and we £4,000 a year to educate a pupil in a mainstream
have provided sustained support and new powers school, but about £15,000 a year for a full-time
for schools and teachers to promote good placement in a Pupil Referral Unit, where most
behaviour and have encouraged them to work in permanently excluded pupils are educated. So
partnership to support each other. We have there is a clear economic as well as moral case to
provided additional targeted resources for schools do more, through early intervention, to minimise
to promote good behaviour. In the Children’s Plan the need for permanent exclusion. Where heads
we asked Sir Alan to review the implementation decide that permanent exclusion is necessary, we
of his recommendations, and I am grateful to must ensure that the provision we make for those
him for his ongoing work and in particular for his young people is of high quality and gets them
contribution to the development of this White back on track.
Paper (see annex 3). This White Paper builds on the Children’s Plan
Of course heads must exclude pupils where their proposals to set out a new strategy for
behaviour has overstepped the mark in a serious transforming the quality of alternative educational
way and young people and their parents must face provision for those who are excluded from, or who
up to the consequences of their actions. At the for some other reason are unable to attend,
same time, school leaders and other education mainstream school. These children and young

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Back on Track A strategy for modernising alternative provision for young people

people are currently provided for either in local The White Paper emphasises the key role for
authority run Pupil Referral Units or in other schools in identifying children with challenging
alternative provision commissioned by local behaviour early on, and being able to access the
authorities and schools. right support before they reach the point of
permanent exclusion. As part of this, schools
Of course, not all children in alternative provision
should be able to make more use of alternative
are there because of behavioural problems.
provision as a preventative early intervention. The
Around half are there because of medical needs
Government has encouraged secondary schools to
(including teenage mothers), or because they
collaborate in ‘behaviour partnerships’ to manage
cannot cope in mainstream schools, or simply
children with challenging behaviour, and as
because they are temporarily without a school
announced in the draft legislative programme, has
place. This reinforces the need for a range of
accepted Sir Alan Steer’s advice that participation
tailored provision geared to meeting diverse
in these partnerships should be mandatory for all
individual needs. The other half are those young
publicly funded schools. We accept his view that
people who have either been excluded or are at
behaviour is best managed for the whole
risk of being excluded. Around one per cent of
community by schools co-operating with each
school age children are in alternative provision,
other, so that every school can be a good school.
and they include some of our most vulnerable
young people. Our strategy for improving alternative provision
goes hand in hand with our emphasis on personal
Our strategy will apply the lessons of ten years of
and parental responsibility. Primary responsibility
public service reform and improvement that has
for good behaviour sits with young people
seen standards rise dramatically in mainstream
themselves, and with parents and families. The
schools. We will strengthen the role and capacity
best alternative provision can support their
of local government as commissioners of
motivation and commitment, but it is not a
alternative provision. We will ensure better basic
substitute. This is why we are determined to work
standards by ensuring all young people outside
mainstream schools have a plan for their education with young people and their families to take our
and receive a good curriculum entitlement. We will strategy forward.
encourage greater diversity of alternative provision, No school should ever be required to take a pupil
with more input from the private and voluntary who is not ready to return from permanent
sectors, and will fund a series of innovative new exclusion, and no school should be required to
pilot projects in 10 areas, at a cost of £26.5 million, take an unfair share of pupils who have been
working with the private and voluntary sectors and permanently excluded. But young people do not
including at least one which takes over from an disappear when they are permanently excluded.
underperforming Pupil Referral Unit. We will Where a pupil remains in alternative provision
strengthen the accountability of commissioners because they are not ready to be re-integrated to a
and providers, and as announced in the draft mainstream or special school, it is essential that
legislative programme, will take powers to improve they nonetheless receive an education that puts
accountability and step in where standards do not them on the path to success in adulthood. This is
improve quickly enough. not just the right thing for them, but for their local
community and for society more widely.

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Back on Track A strategy for modernising alternative provision for young people

This White Paper sets out the Government’s


proposals for transforming alternative provision
into a vibrant and successful part of the education
system, working in close partnership with
mainstream schools, special schools, children’s
services, and the third sector. By creating a culture
of early intervention, quality of provision, and
strengthened accountability, its proposals will help
schools ensure good discipline and behaviour, and
will help young people get successfully back on
track.

Ed Balls MP

3
Executive summary
In recent years, the Government has taken a support for those young people who have to be
number of steps to improve the quality of permanently excluded or who are otherwise
alternative provision for young people who are without a school place. Young people have their
excluded from school or who are otherwise own responsibility to turn bad behaviour around.
without a school place. We have made it a We need to work with them and their parents to
requirement for all Pupil Referral Units to have a improve their behaviour – both for their own sake
‘management committee’, with significant but also so that other children and society are
representation from the heads of local schools, to safer. This White Paper sets out our proposals in
improve their accountability and their more detail.
responsiveness to schools’ needs. We have taken
powers to direct failing Pupil Referral Units to seek Chapter 1: Bringing about a step change
advisory support, where necessary, in line with improvement
measures for failing maintained schools. And we Alternative educational provision is for children
have published guidance on accommodation in and young people without a school place. Around
Pupil Referral Units and on effective 135,000 pupils a year, mostly of secondary age,
commissioning. spend some time in alternative provision. About
In the Children’s Plan consultation, we heard from one third of placements are in Pupil Referral Units;
parents how important good discipline and the rest are in a range of other alternative
behaviour in schools was for them, we heard from provision, including in further education and the
schools how important it was for them that they private and voluntary sectors. 75 per cent of young
could access good quality alternative provision, people in Pupil Referral Units have special
and we heard from across the children’s workforce educational needs. There is limited performance
how important it is that young people in data available for pupils in alternative provision,
alternative provision get the help they need to but what there is indicates often very poor
get back on track. As a result, the Children’s Plan outcomes. In 2006 only 1 per cent of 15 year olds
set out the next steps of our strategy to bring in Pupil Referral Units achieved 5 GCSEs at grades
about a transformation in the quality of alternative A*-C or equivalent; 11.3 per cent achieved 5 or
provision, both to support more effective early more grades A*-G; and 82.1 per cent achieved
intervention by schools to tackle problems before 1 or more qualification. At the same time the lack
they become acute, and to provide high quality of such information at the local level is a problem

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Back on Track A strategy for modernising alternative provision for young people

for those who are responsible for arranging ll that there should be better professional support
alternative provision, and hampers accountability. for those working in the sector and better
The Government has already taken steps to accommodation and facilities;
improve commissioning, sharpen accountability ll that there should be better partnership working
and strengthen partnership working. However,
between alternative provision, other parts of the
there now needs to be a step change in the quality
education sector and other agencies and
of both Pupil Referral Units and other alternative
services working with young people to facilitate
provision, building on the good and innovative
early intervention and ensure an integrated
practice that exists already and on the excellent
approach to meeting the young person’s needs;
work of many of the individuals working in this
and
sector.
ll that we must learn from the best and support
A central aim of this strategy is that alternative
innovation.
provision should enable young people to get back
on track. Schools should be able to make more use It has been put to us by Sir Alan Steer and other
of high quality alternative provision as an early secondary heads that we need to find a new name
intervention for their pupils who are at risk of for Pupil Referral Units. We agree. ‘Pupil Referral
permanent exclusion. At the same time young Unit’ is an outdated and unhelpful label, and we
people whose behaviour has required permanent will reflect this in legislation to signal our
exclusion should get alternative provision that commitment to change in this sector.
helps prevent them getting into even more serious
trouble later on. Chapter 2: Starting from the child
Young people in alternative provision are there for
The strategy is based on the following core
a range of reasons, not just because they have
principles which run through the White Paper:
been excluded or are badly behaved. A high
ll that we should start from what will work best proportion of them have special educational needs
for each young person taking account of his or or other challenging personal circumstances.
her different needs and in consultation with We need to ensure that alternative provision is
parents and carers; better able to meet the diverse needs of these
ll that we should secure a core educational young people. At the moment there is no specified
entitlement for all young people in alternative minimum curriculum for pupils in alternative
provision; provision. We will work with local authorities and
schools to:
ll that there should be better planning and
commissioning of alternative provision both at ll ensure that all young people in alternative

an area level and for the individual; provision have a personalised education plan,
and consult on developing a standardised
ll that local authorities should be held to account
‘information passport’ for young people moving
for outcomes from the alternative provision
between places of education, so that their
they deliver or commission;
needs can be identified and assessed much
earlier;

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Back on Track A strategy for modernising alternative provision for young people

ll ensure that there is a clear responsibility for the Chapter 4: Increasing accountability
education and well-being of young people in Improved information and accountability is the key
alternative provision; and to improved alternative provision. Over the last ten
ll secure an appropriate curriculum for young years we have developed a powerful accountability
people in alternative provision and work framework for mainstream schools that has driven
towards developing a national minimum rising standards across the board. By comparison,
standard of provision. the accountability framework for Pupil Referral
Units and alternative provision is under-developed,
Chapter 3: Better planning and commissioning and there are no requirements for any
of alternative commission performance data to be shared with parents.
Ofsted tell us that just over half of Pupil Referral
Whilst many local authorities have taken a strategic
Units are good or outstanding (56 per cent) and
approach to planning the alternative provision
in 2006/07 Ofsted judged 10 per cent of Pupil
they need for pupils out of school, elsewhere the
Referral Units inspected that year to be inadequate.
approach appears much more fragmented. This
We will now systematically strengthen and
means that schools cannot rely on the support of
improve accountability for pupils in alternative
good alternative provision; young people are not
provision. We will:
getting provision that meets their needs; and not
enough is being done locally to encourage the ll collect and publish data annually on attendance
best providers to develop and expand what they at Pupil Referral Units;
offer. We want to open up the supply of alternative ll pilot the collection and publication at local
provision from the best and most innovative authority level of educational outcomes data
organisations. We need to ensure better planning (GCSEs and equivalents) for pupils at the end of
and commissioning of alternative provision for Key Stage 4 in alternative provision;
vulnerable young people, in which schools are
ll consult on how best to gather progression and
much more closely involved. We will launch this
value added data for pupils in alternative
autumn a commissioning support programme for
provision;
Children’s Trusts to improve the commissioning of
children’s services, and in particular we will support ll we will ask Ofsted to take account of any Pupil
local authorities and schools to improve their Referral Units in special measures in a local
commissioning by: authority in its comprehensive area
ll
assessments;
publishing a toolkit on commissioning
alternative provision; ll consult on the application of new school
ll
indicators on pupil well-being to Pupil Referral
launching a national database of providers of
Units;
alternative provision in September.
ll strengthen the Secretary of State’s powers to
We will also expect school behaviour partnerships
intervene when Pupil Referral Units fail, by
to have a leading role in deciding the extent of
requiring local authorities to replace them with
educational provision that is needed for all pupils
a specified alternative, as announced in the
in the partnership.
draft legislative programme;

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Back on Track A strategy for modernising alternative provision for young people

ll introduce a new power to require a local ll ensure that, as we develop the Masters in
authority, when necessary, to hold a competition Teaching and Learning qualification, the
to find the best provider of the specific programme takes account of the needs of staff
alternative model that has been identified to and the children in Pupil Referral Units and
replace a failing Pupil Referral Unit; and alternative provision;
ll publish statutory guidance in 2009-10 on ll consult local authorities and the social partners
alternatives to Pupil Referral Units, informed about how the ‘new professionalism’ agenda is
by pilots and other innovative work. being applied to staff in Pupil Referral Units and
alternative provision and whether this
Chapter 5: Developing the capacity of workforce are receiving all the statutory
alternative provision – better professional entitlements to support them in raising
support, better accommodation and better standards;
facilities ll increase access to high quality leadership and
We are dependent on the commitment, energy management support through the National
and professional skills of those who work in and Leaders in Education Programme;
lead alternative provision, many of whom do an
ll promote the National Programme for Specialist
outstanding job in difficult circumstances. We are
Leaders of Behaviour and Attendance (NPSL-
also aware of the impact poor accommodation
BA), which provides leadership training in
and facilities can have on those who work and
behaviour and attendance;
learn in Pupil Referral Units. We need to improve
support for the workforce in Pupil Referral Units ll expect that Pupil Referral Units will continue, as
and alternative provision and improve their planned, to be built or refurbished through the
accommodation and facilities. We will: Building Schools for the Future programme;

ll ask the School Teachers’ Review Body to make ll expect Pupil Referral Units and other alternative
recommendations on special educational needs provision to work in collaboration with other
allowances for teachers working with these providers (schools, colleges, training providers)
pupils in Pupil Referral Units; and with employers to ensure their pupils can
access the range of teaching and facilities they
ll ensure that the new negotiating body to
need; and
determine the pay and conditions of school
support staff makes sure that staff in Pupil ll look at how better links can be made between
Referral Units are appropriately rewarded for the Pupil Referral Units and parenting and whole
work that they do; family support.

ll ask the National Strategies, in consultation with


Chapter 6: Alternative provision as part of our
local authorities, to look at opportunities to
overarching strategy for behaviour in schools
further promote continuing professional
Alternative provision is a central and essential part
development (CPD) for staff working in Pupil
of our strategy for improving behaviour in schools.
Referral Units and alternative provision and to
We need to ensure that alternative provision works
develop local networks for staff to support each
closely with mainstream and special schools,
other;
including those working in behaviour partnerships,

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Back on Track A strategy for modernising alternative provision for young people

and with wider local services to provide support ll use findings from pilots to encourage
for challenging pupils. We will: innovative effective practice and to inform
ll
legislation to require local authorities to replace
introduce legislation to implement Sir Alan
failing Pupil Referral Units with a specified
Steer’s recommendation to require secondary
alternative.
schools and Pupil Referral Units to work
together in local behaviour partnerships, as
announced in the draft legislative programme, Chapter 8: Delivering change
and secure the participation of future This chapter sets out the support that we will offer
academies through their funding agreements; local authorities and school behaviour partnerships
to deliver change.
ll ask the National Strategies to support the
development of school behaviour partnerships We will work in partnership with local authorities
in adopting preventative strategies; and schools to deliver a step change in the quality
of alternative provision. Drivers of change will be:
ll encourage Pupil Referral Units and alternative
provision to work more closely with special ll the publication of performance data;
schools or mainstream schools with designated ll the introduction of personalised education
units for pupils with special educational needs, plans;
and with wider support services;
ll Ofsted inspections of local authorities and
ll expect all schools to take their fair share of individual alternative provision providers;
previously excluded pupils, but only where
ll the new national database to support smarter
these pupils are ready for reintegration in the
commissioning;
mainstream.
ll our pilot programme to spread innovation and
Chapter 7: Learning from the best and test best practice;
supporting innovation ll the new powers for the Secretary of State to
We will take the opportunity to pilot different ways require local authorities to replace failing Pupil
of making educational provision for young people Referral Units with a specified alternative and to
out of school that is focused on attainment and hold competitions for their replacements;
meeting their wider needs. We want to learn ll our plans to make behaviour partnerships
lessons from innovative practice already in place.
mandatory.
We will:
We will also work with local authorities to provide
ll invite local authorities and schools to run up to
additional support at the strategic level through
10 pilots to test a range of models to deliver
the National Strategies.
alternative provision (£26.5 million is available to
support these pilots over three years); We also intend to drive forward our strategy
through:
ll strongly encourage voluntary / private sector
ll Improving support for the workforce;
providers to engage with local authorities and
schools in the pilots; ll improving accommodation; and

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Back on Track A strategy for modernising alternative provision for young people

ll promoting closer partnerships between


alternative provision, mainstream and special
schools, and local authority support services.

Note
All references to “alternative provision” in this
document relate to local authority or school
arranged provision. Neither the phrase “alternative
provision” nor the phrase “pupils not on a school
roll” refers to parents’ decisions to provide
education for their children at home under section
7 of the Education Act 1996.

9
Chapter 1:
Bringing about a step change
improvement

This chapter sets out the outline of our plans for a transformational strategy for alternative
educational provision based on the following core principles:
ll that we should start from the young person, taking account of his or her different needs
and in consultation with parents and carers;
ll that we should secure a core educational entitlement for all young people in alternative
provision;
ll that there should be better planning and commissioning of alternative provision both at an
area level and for the individual;
ll that local authorities should be held to account for outcomes from the alternative provision
they deliver or commission;
ll that there should be better professional support for those working in the sector and better
accommodation and facilities;
ll that there should be better partnership working between alternative provision, other parts
of the education sector and other agencies and services working with young people to
facilitate early intervention and ensure an integrated approach to meeting the young
person’s needs; and
ll that we must learn from the best and support innovation.

We will also consult on finding a new name for Pupil Referral Units which we will reflect in
legislation to signal our step change improvement.

What is alternative provision? are otherwise without a school place. Alternative


1.1 Alternative provision is education for children provision is also used by schools for pupils who
and young people who are unable to be provided remain on the school roll, but who need specialist
for in mainstream or in a special school. Local help with learning, behavioural or other difficulties.
authorities are required by law to make provision At any one time just under 1 per cent of pupils
for all children of compulsory school age who have (70,000) are in some form of alternative provision:
been permanently excluded from school or who many placements are short term, so the numbers

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Back on Track A strategy for modernising alternative provision for young people

passing through alternative provision in any one available indicate very poor outcomes for this
year are about double this – 135,000. group and there is limited accountability to the
public and parents compared with mainstream
1.2 The great majority of alternative provision
schools. There are currently no published
placements are of secondary age pupils. About
performance data at institutional or local authority
one third of placements are in the 450 local
level for pupils in Pupil Referral Units or in
authority-run Pupil Referral Units; the other two
alternative provision. Pupil Referral Unit leaders,
thirds are in other forms of alternative provision
local authorities and Ofsted inspectors therefore
commissioned by local authorities and schools.
have to rely on the institution’s own data on pupil
Other alternative provision includes placements in
outcomes and have no means of benchmarking
further education; in private and voluntary sector
this against other Pupil Referral Units and
provision and in independent schools.
alternative provision, as is possible with
1.3 The statistics available for pupils in Pupil
mainstream and special schools.
Referral Units tell us that
1.6 In 2006 only 1 per cent of 15 year olds in
ll 75% have special educational needs (62% Pupil Referral Units achieved 5 GCSEs at grades
without statements; 13% with statements); A*-C or equivalent; 11.3 per cent achieved 5 or
ll 91% are aged 11-15; and more grades A*-G; and 82.1 per cent achieved 1 or
ll 69% are boys.
more qualifications. This compares with 45.8 per
cent; 90.5 per cent and 97.8 per cent in
1.4 There is a range of reasons for pupils being in
mainstream schools. While there has been some
alternative provision. The biggest single group (just slight improvement over time (see table below)
under 50 per cent) are pupils who either have these outcomes remain very poor. In addition to
been excluded from school or who have been these poor educational outcomes, we know that
deemed at risk of exclusion. Both categories are young people who have been excluded from
likely to have special educational needs. The other school and likely to have spent time in alternative
50 per cent are in alternative provision either for provision are more likely to be involved in crime
medical needs (e.g. pupils with emotional and and risky behaviours, become NEET and have poor
physical health needs and teenage mothers) or for job prospects.1
other reasons (pupils unable to cope in
1.7 We must raise our expectations for these
mainstream school, children temporarily without a
young people. The level of underachievement
school place). The diversity of pupils for whom
diminishes their future opportunities and is
alternative provision must cater presents a real
strongly associated with poor job prospects and
challenge in ensuring that they are all
poor life chances. We recognise that many of the
appropriately provided for.
young people for whom alternative provision
caters are among the most challenging of their
Why alternative provision needs reform
generation. Many will have struggled to keep up at
1.5 There is currently scant data available about
school and arrive in alternative provision with very
the outcomes of children and young people in
low prior attainment. We know that 75 per cent of
alternative provision. However such data as are

1 21 per cent of respondents to the 2004 Youth Cohort Survey who were excluded from schools in Years 10 and 11 were not in education, employment
and training (NEET) at age 16. This includes both those who were permanently excluded and those excluded for a fixed period.

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Back on Track A strategy for modernising alternative provision for young people

Attainment of pupils in Pupil Referral Units – GCSE Exam Results


12%

10%

8%

6%

4%

2%

0%
2003 2004 2005 2006
5 A*–C 5 A*–G

Source : Key Stage 4 Achievement and Attainment Tables

pupils in Pupil Referral Units have special 1.9 The challenges posed by the children and
educational needs. Many of these will have social, young people requiring alternative provision make
emotional and behavioural difficulties, which may it particularly important that the provision made
mask underlying learning difficulties or a disability. for them can address the underlying causes of
For some children with special educational needs problems and is of high quality. But this is too
the failure of schools to meet their needs or make rarely the case. While there is some good and
reasonable adjustments for the particular needs of some outstanding alternative provision, there are
disabled children will have contributed to their systemic weaknesses. Ofsted’s 2004 report on
exclusion. Some will come from difficult home provision for children out of school found that:
backgrounds. We also know that looked after “ ….overall the quality of provision for
children are seven times more likely to be children and young people out of school,
permanently excluded from school than other their low attainment, the targeting and
children, so they are significantly more likely to be monitoring of provision, and the tracking of
in alternative provision, compounding their already their progress are unsatisfactory…”
greater educational needs. But this should not
1.10 A 2007 survey by Ofsted of good or better
mean that we abandon expectations for this
cohort of young people. The challenge for the Pupil Referral Units found that they had to cope
alternative provision sector is to enable every with inadequate accommodation, pupils of diverse
young person to achieve their best. ages and need arriving in an unplanned way,
limited numbers of specialist staff and problems in
1.8 Permanent exclusion from school for bad
re-integrating children into mainstream schools.
behaviour is a defining moment for youth crime
1.11 The 2004 Ofsted report and a 2005 survey of
prevention. For some of those excluded, what
happens next will either accelerate them along the alternative provision commissioned by the then
path to entrenched criminality or allow them to DfES found widespread weaknesses including:
reassess and reshape their futures.

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ll some local authorities were using a limited provision. We have strengthened the management
range of providers, and failing to monitor the arrangements for Pupil Referral Units. Since
outcomes achieved and challenge February 2008, local authorities have been required
unsatisfactory providers; by law to establish management committees with
ll
a similar role to school governing bodies, to
in some areas the number and type of
improve the accountability of Pupil Referral Units
placements available did not match local needs;
and their responsiveness to schools’ needs. We
ll placements in alternative provision were often have also provided additional local support to
for an indefinite period; Pupil Referral Units by requiring local authorities to
ll weak links between Pupil Referral Units and appoint School Improvement Partners (SIPs) whose
schools including inadequate communication role is to provide school leaders with challenge
from schools about the prior attainment and and support that is tailored to their needs and
‘case histories’ of their former pupils; delivered to nationally consistent standards. The
ll
Government has also taken the power, from
low expectations of young people placed in
February 2008, to direct failing Pupil Referral Units
alternative provision on the part of staff, parents
to seek advisory services where necessary, in line
and the young people themselves;
with measures for failing maintained schools. The
ll a lack of curriculum strategies for alternative Government has also published guidance on
provision; effective accommodation for Pupil Referral Units in
ll limited access for pupils in alternative provision February 2007 and a report on ‘Effective Alternative
to work placements and other vocational Provision’ in October 2007.
opportunities; and 1.14 Since 1993, schools established and
ll crisis management rather than prevention with maintained by a local authority which are specially
little capacity in Pupil Referral Units for organised to provide education for pupils who, by
preventative work with schools. reason of illness, exclusion from school or
otherwise, have been known in law as Pupil
1.12 In addition to these weaknesses, there is
Referral Units2 (see Annex 2 for legal basis of Pupil
insufficient research as to why such a large number
Referral Units). Any school, unit or centre, however
of children with special educational needs are in
described, that has these characteristics is legally a
alternative provision and what their particular
Pupil Referral Unit. But this title is not widely used.
needs are. There are also currently no published
Out of 450 Pupil Referral Units currently open, only
performance data at local authority level or
77 have this in their title. This suggests that the
institutional level for pupils in alternative provision.
name is not popular and this was confirmed by
This means that, as already noted above, there is
Sir Alan Steer and the Practitioners’ Group on Pupil
no way of benchmarking the outcomes achieved
Behaviour and Attendance. Although it is only
and of using these data to hold commissioners
a name we believe that we need to find a new
and providers to account.
name which better describes these local authority
1.13 The Government has taken a number of steps
schools to signal a step change improvement and
to improve Pupil Referral Units and alternative would like to seek views on what this should be.

2 Pupil Referral Units were introduced by section 298 of the Education Act 1993

13
Back on Track A strategy for modernising alternative provision for young people

One suggestion would be to refer to these schools enough. And we will build a better understanding
as Alternative Education Centres. We plan to of best practice in alternative provision, in
replace the use of the term Pupil Referral Unit particular in meeting the needs of children with
in legislation at an early opportunity and special educational needs, to ensure local
welcome views on an alternative title. authorities can continue to improve practice.

What needs to be done What the Children’s Plan said


1.15 These measures will help to sharpen up 1.17 The Children’s Plan set out proposals to drive
commissioning and accountability and to up the quality of alternative provision. These were
strengthen partnerships between schools and
alternative provision in preventative work. Better informed and more demanding
However, we need to go further. The alternative commissioning
provision sector now needs a concerted national ll a national database of providers of alternative
effort to transform the quality of the education and provision to be launched to give local authority
support it provides to young people. There must and school partnership commissioners better
be a step change in the quality of both Pupil information on what is available, the outcomes
Referral Units and all forms of alternative provision, delivered and costs;
building on the good and innovative practice that ll new guidance to be produced to help
does exist and on the excellent work of many of commissioners look more critically at the
the individuals working within Pupil Referral Units relative cost effectiveness of different providers;
and other alternative provision.
ll new forms of alternative provision to be piloted
1.16 Our strategy will apply the lessons of ten
including using small schools with close links to
years of public service reform and improvement business and providing a high quality vocational
that has seen standards rise dramatically in education;.
mainstream schools. We will strengthen the role
and capacity of local government as More tailored, planned provision with monitoring
commissioners of alternative provision. We will
ll for every pupil not on a school roll, local
improve basic standards by ensuring that all young
authorities to ensure that objectives have been
people outside mainstream schools have a plan for
set for educational outcomes and for the timing
their education and receive a good curriculum
of their reintegration into mainstream
entitlement, tailored to their differing needs. We
education where appropriate;
will increase focus on achieving outcomes for
ll there should be arrangements in place for
these pupils through better commissioning and
sharper public accountability. We will encourage monitoring progress and for review involving
greater diversity of alternative provision, with more the pupil and his or her parents;
input from the private and voluntary sectors, and
Stronger accountability
will fund a number of innovative pilot projects.
We will strengthen the accountability of ll performance data for pupils not on a school roll
commissioners and providers, and take powers to to be published at local authority level to
step in where standards do not improve quickly

14
Back on Track A strategy for modernising alternative provision for young people

ensure local authorities have incentives to This includes access to the core offer of extended
improve their performance; services and support from other services, in
particular health, social care, child and adolescent
Stronger intervention mental health services (CAMHS) and youth justice
ll new legislation to be introduced to enable the and wider youth services. Schools must also work
Secretary of State to require local authorities to closely with parents to identify problems and
replace failing Pupil Referral Units with a tackle them before they lead to a child becoming
specified alternative; and at risk of exclusion.

ll new powers for the Secretary of State to require 1.20 We believe that alternative provision should
local authorities to hold a competition for be used much more and more effectively as an
replacement Pupil Referral Units. early intervention and preventative measure,
so avoiding the need to resort to permanent
1.18 This White Paper develops these proposals
exclusion. Schools should be able to turn to local
into a national strategy to achieve a step change in
Pupil Referral Units or to special schools for
the quality of alternative provision.
specialist help in tackling pupils’ personal,
behavioural and learning needs. This early and
The vision
appropriate intervention may mean that more
1.19 The vision driving the strategy set out in this
children come into contact with alternative
White Paper starts from the premise that we want
provision, but for less time and without the need
to intervene early to minimise the number of
for exclusion.
pupils who are permanently excluded from
mainstream education. That means mainstream 1.21 Where pupils are excluded permanently or it

schools meeting their duties towards children with is decided that pupils at risk of exclusion or with
special educational needs and disabled children; other learning or behavioural issues would be
doing their best to keep young people engaged better provided for in a Pupil Referral Unit or other
and on track; and being ready to intervene early alternative provision, and for all other pupils who
and effectively to address issues before they reach are without a school place, we should ensure that:
crisis point, supported by local authorities. Schools ll the provision is tailored around the pupil’s
should be using the Common Assessment individual needs, both educational needs and
Framework to identify pupils’ individual needs and any wider needs, including any special
support the planning of services to meet them. educational needs which may not have been
We expect schools to develop more in-school adequately identified and met;
alternatives to exclusion, ranging from a more ll there is an explicit plan to address those
engaging curriculum to Learning Support Units,
educational and wider needs with clear
which could be on-site or at a neighbouring
outcomes, discussed and agreed with the
school. Schools will also need to be supported by
pupil and their parents (see Chapter 2);
more effective partnership working within
ll the personal learning and development
Children’s Trusts to enable “swift and easy access”
to any specialist support services that may be pathway for the pupil gives access to an
needed to meet a child’s particular needs, appropriate curriculum, leading to recognised
including any support that the family may require. qualifications and opportunities;

15
Back on Track A strategy for modernising alternative provision for young people

ll a behaviour assessment is undertaken before ll that there should be better professional support
reintegration to mainstream; and for those working in the sector and better
ll
accommodation and facilities;
there are clear arrangements for review.
ll that there should be better partnership working
1.22 The raising of the participation age for
between alternative provision, other parts of the
compulsory education or training to 17 by 2013
education sector and other agencies and
and 18 by 2015 adds to the urgency of Pupil
services working with young people to facilitate
Referral Units and alternative provision providers
early intervention and ensure an integrated
focusing on progression and outcomes. We want
approach to meeting the young person’s needs;
to see young people leaving alternative provision
and
equipped with or on track to gain the skills and
qualifications that will support them in their future ll that we must learn from the best and support
life. Providers will also need to consider how to innovation.
plan for young people in Pupil Referral Units and
1.24 This White Paper sets out how the
alternative provision to have full access to their
Government plans to take forward this ambitious
entitlement to the reformed 14-19 curriculum,
agenda.
including all 17 lines of the new diploma and the
offer of an apprenticeship or pre-apprenticeship Consultation question
learning. What new name should we use for Pupil Referral
1.23 Realisation of this vision of what alternative Units which better describes these local
provision could be requires a transformational authority schools to signal a transformation?
strategy built around the following principles: (see paragraph 1.14)

ll that we should start from what will work best Please see Annex 4 to find out how to
for each young person, taking account of his respond.
or her different needs and in consultation with
parents and carers;
ll that we should secure a core entitlement of
educational and wider activities for all young
people in alternative provision;
ll that there should be better planning and
commissioning of alternative provision and for
the individual;
ll that local authorities should be held to account
for outcomes from the alternative provision
they deliver or commission including through
the new performance framework of
Comprehensive Performance Assessment;

16
Chapter 2:
Starting from the child

We need to ensure that alternative provision is better able to meet the diverse needs of young
people. We will work with local authorities and schools to:
ll ensure that all young people in alternative provision have a personalised education plan,
and consult on developing a standardised information passport for young people moving
between places of education, so that their needs can be identified and assessed much
earlier;
ll ensure that there is a clear responsibility for the education and well-being of young people
in alternative provision; and
ll secure an appropriate curriculum for young people in alternative provision and work
towards developing a national minimum standard of provision.

The case for change needs may not have been adequately identified or
2.1 In recent years, we have taken steps to ensure met; who have become disengaged from
that the education system as a whole offers a more education and see little value for themselves in
personalised service tailored to the individual pursuing it; and whose interaction with and
needs of children and young people. The key behaviour in schools and other formal settings
principles of personalisation include high quality may have been affected by underlying personal
individual assessment, effective teaching and and family issues.
learning, a flexible curriculum and partnerships 2.3 We believe that there should be greater
beyond the classroom to meet the needs of the differentiation in provision to enable the widely
whole child. diverging needs of young people to be met.
2.2 For children and young people in alternative A “one size fits all” approach risks neglecting young
provision, and especially those who have been people with specific needs. Differentiation needs
permanently excluded, the need for a personalised to take place according to age and aptitude.
approach is particularly acute. These are young As well as those who have been excluded from
people who are likely to have responded poorly to school or are at risk of exclusion, Pupil Referral
the curriculum and teaching on offer in a Units cater for young people with physical and
mainstream school; whose special educational emotional medical needs (including children in

17
Back on Track A strategy for modernising alternative provision for young people

units attached to hospitals and some pregnant physical health needs) which lead to lengthy
students) and young people who are awaiting a periods not attending school or sporadic
school place. Some local authorities run Pupil attendance, a more formal approach is needed.
Referral Units that provide for the range of pupil The older a child is when they enter alternative
needs across a key stage of education while some provision, the more likely they are to remain until
have specialist units, for example for teenage they leave compulsory education.
mothers. However provision is arranged, local
2.6 Because many of these young people present
authorities need to consider how best to provide
additional challenges, it is essential that alternative
for the range of pupils so that all receive an
provision is properly geared up to identify and
education that meets their needs and enables
address their needs as effectively as possible. For
them to feel safe and where possible actively
many of these young people, alternative provision
engages and listens to parents and works with
will provide their last chance to get back on the
them as partners in their children’s learning and
path to successful educational outcomes and a
development.
fulfilling adult life.
2.4 Many pupils in Units are known to Youth
Characteristics of pupils in Pupil Referral
Offending Teams and a number of them are
Units:
returning from a custodial sentence. We know that
60 per cent of excluded young people report 75 per cent have special educational needs (62
having offended in the last 12 months compared per cent without statements; 13 per cent with
with 26 per cent in mainstream education3. statements)
Research also suggests that 15 per cent of young 27 per cent eligible for free school meals
offenders are currently excluded from school and
91 per cent are aged 11-15 (and 70 per cent are
27 per cent have been excluded for a fixed period
aged 14-15)
in the last year4. From 2009, local authorities will be
required to make provision for young people 69 per cent are boys
subject to a Youth Rehabilitation Order5 and may 77 per cent are White
do so through placing them in Pupil Referral Units. Figures taken from the Pupil Referral Unit Census, 2008

2.5 There is great variation in the length of time


pupils spend in alternative provision. Some stay for 2.7 While there is some excellent practice, the
a few weeks before returning to school, some are evidence from Ofsted inspection in particular
dual registered and attend part-time, while others indicates that, too often, what is offered to young
are full-time and remain for long periods. Many people falls short of what is needed. And, of
children will have short-term medical needs at course, this is an area of provision where quality is
some time during their school life and we would especially important, because of the wider
expect schools to ensure that arrangements are consequences for society of failing to rise to the
put in place so that they do not fall behind and challenge.
there is a clear reintegration plan. For children with
longer term medical needs (emotional and
3 MORI Youth Survey 2004
4 Barriers to Engagement, Youth Justice Board, 2006
5 Criminal Justice and Immigration Bill

18
Back on Track A strategy for modernising alternative provision for young people

2.8 Ofsted reports in recent years have pointed to: ll a third of Pupil Referral Units found it difficult to
ll
gain sufficient support from child and
a lack of robust systems and support for young
adolescent mental health services (CAMHS).
people in alternative provision;
ll an inadequate curriculum offering, which is
Our proposals
narrow and uninspiring and fails to prepare
2.9 The Children’s Plan outlined our approach to
young people adequately for life beyond the
tackling these deficiencies. Chapter 1 of this White
Unit;
Paper set out the case for reform and the need to
ll an inability to meet young people’s Special introduce greater accountability. In this chapter,
Educational Needs within some Units6; and we set out in more detail our proposals for
personalised education plans for young people in

Extracts from Ofsted reports relating to alternative provision


Disturbingly, the lack of robust systems and support are doubly disadvantaging the very children and
young people who are most in need. (A survey of the educational support and provision for pupils not in
school – November 2004)

In one in 10 Pupil Referral Units the curriculum is inadequate, often because it is too narrow and
insufficiently focused on preparing pupils for their lives once they have left the unit. Outstanding
educational provision in PRUs is characterised by high levels of consistency in the teachers’ use of
daily assessments, so that each pupil’s progress is kept under constant review and is linked to clear
long-term goals. In these successful settings, there is a particular emphasis on the development of
skills to ensure pupils’ future economic well-being. (The Annual Report of Her Majesty’s Chief Inspector of
Schools 2005/06)

In too many cases, local authorities placed pupils who had statements of special education need in
Pupil Referral Units which were unable to meet their special needs. Monitoring and evaluation of
provision in units by the local authority were variable in quality and too often lacked the necessary
focus on pupils’ progress. (The Annual Report of Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills 2006/07)

Pupil Referral Units cater for some of the most vulnerable pupils, and of those inspected, while 52%
are good or outstanding, 14% are inadequate. These inadequate units have approximately 700 pupils
on their combined rolls. They lack a clear vision for their pupils and offer an uninspiring curriculum.
(The Annual Report of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills 2006/07)

Although there is a wide variety of Pupil Referral Units, they face similar barriers in providing children
and young people with a good education. These may include inadequate accommodation, pupils of
different ages with diverse needs arriving in an unplanned way, limited numbers of specialist staff to
provide a broad curriculum and difficulties reintegrating pupils to mainstream schools. (Establishing
successful practice in pupil referral units and local authorities – September 2007)

6 Pupil referral units: establishing successful practice in pupil referral units and local authorities, Ofsted, September 2007

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Back on Track A strategy for modernising alternative provision for young people

alternative provision, for a core educational 2.12 A number of local authorities have agreed
entitlement for such young people and for a protocols for information sharing when pupils
clearer local authority role in ensuring that the move from mainstream schools into Pupil Referral
necessary changes are implemented and followed Units or alternative provision and when they move
through. In other chapters of this White Paper, we on to school, college or other provision. Most such
discuss the closely related issues of how alternative provision includes an initial assessment of the
provision is commissioned and monitored, how pupil’s educational and social skills. The purpose
local authorities are held accountable for should be to create a personalised educational
outcomes and the infrastructure within which plan which addresses the five Every Child Matters
Pupil Referral Units operate. outcomes for each pupil in a way which supports
the pupil and engages all relevant agencies.
Personalised education plan
2.13 We are considering the case for
2.10 We do not underestimate the challenge of developing a standardised information
meeting the diverse needs of young people in passport that accompanies a child from the
disparate circumstances. But an essential moment of referral, or exclusion. Excluding or
precondition of meeting those needs is effective referring schools would be expected to participate
planning. We believe that every pupil being in an initial case conference in order that they
educated in alternative provision should have contribute to drawing up a pupil education plan,
a personalised education plan, tailored to their based on the Common Assessment Framework.
needs. This is already good practice in many Pupil Given the importance of speed if the Pupil Referral
Referral Units. Unit is to be successful in integrating the child, we
2.11 This plan should build from the mainstream believe that it would be helpful to set a time limit
school’s records, including information on for information transfer. We will consider this as we
attainment, attendance, behaviour, any Special develop individual education plans.
Educational Needs (emotional and physical health 2.14 The scale and scope of the individual
needs), and the Pastoral Support Plan (if one is in education plan needs to be proportionate to the
place). It will be particularly useful to pass on circumstances in which it is produced. A plan for a
information about any needs assessment of and young person receiving two weeks of part-time
engagement with the young person by the school anger management support in alternative
and other agencies, including safeguarding, youth provision will be different from that for a young
offending and health agencies, using the Common person who is moving into full-time alternative
Assessment Framework. It is critical that full provision for a year or more. But the principles of
information is passed to the Pupil Referral Unit or good planning are common to all cases. They
alternative provider as soon as possible, so that involve:
planning can be initiated early and in full
ll an assessment of need based on access to all
knowledge of the individual issues to be addressed
the available evidence about the individual
and of the support which the young person has
young person, including evidence derived from
already received. Unless this happens the provider
discussion with the young person’s family or
will have to spend valuable early time gathering
carer;
information which is already known locally.

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Back on Track A strategy for modernising alternative provision for young people

Case study – robust protocols in place for information transfers (Sheffield)


The Children’s and Young Persons’ Directorate of Sheffield City Council have agreed robust protocols
to ensure comprehensive information is provided by and to schools when children and young people
are moving between schools and alternative provision.

These new ways of working have significantly reduced the numbers of permanently excluded pupils,
and have significantly increased the success rates of children and young people who are reintegrated
into community education. Children and young people who are referred as at risk of permanent
exclusion are assessed for:
ll graduation (completion of education in alternative provision);
ll intervention (a period of intensive support before returning to own school); and
ll supported transfer (reintegration and placement into a new community school).

The protocols place great emphasis on the exit meeting, where all appropriate information as agreed
in the protocol is gathered, agreed and exchanged. This enables the actioning of robust intervention
plans to support the pupil back into mainstream education, whenever possible. Parents are present at
this meeting and are fully informed and linked into the process throughout.

Reintegration processes are put in place, supported by ‘readiness for reintegration’ plans. These plans are
highly personalised, providing a wide range of information and data including attainment, attendance,
learning preferences, plus ‘softer’ information, and provides receiving schools with practical and simple
strategies to support success. Transition mentors work with schools to help to embed these processes,
smooth transition and build capacity in schools, while supporting the young person.

Before any young person can be reintegrated into a mainstream school, a multi agency reintegration
and placement panel, which always includes a serving head teacher, sits to assess every case file to
ensure all of the agreed protocols have been followed, and all information sharing has been fully
adhered to. This part of the process has given head teachers and chairs of governors confidence in the
robustness of the system. The protocols are agreed and formally ratified at head teachers’ meetings
every year.

ll an understanding of why previous interventions ll regular review of progress towards the desired
and support available at school failed to meet outcomes, also involving the young person’s
the child’s needs; family or carer; and
ll provision specifically tailored to meeting the ll for children with special educational needs it is
need; particularly important to ensure that any
ll
underlying causes of, for example, challenging
a clear sense of the clearly defined, timed,
behaviour, are identified.
desired outcomes, whether in terms of
educational achievement or personal 2.15 The same principles apply to arrangements
development (or both), next steps for the pupil for the young person’s progression from
and their next placement; alternative provision to mainstream school or into

21
Back on Track A strategy for modernising alternative provision for young people

post 16 provision, following an assessment that required to meet their needs is put in place, which
their behaviour has improved and they are ready will often require Pupil Referral Units to work with
to move on. A reintegration plan should be schools and specialist provision to offer them a
developed in partnership between the alternative range of opportunities. In the next chapter, we
provider and the school or college, brokered by make clear that where children with special
the local authority, and involving other agencies educational needs are routinely being placed in
who are working with the young person and his or Pupil Referral Units long-term, local authorities
her family or carers. This should both record what need to consider whether their planning for school
has been achieved during the period in alternative provision to meet special educational needs is
provision and also give clear direction to receiving adequate.
schools or providers on how to maintain progress
2.17 We plan to publish guidance for local
by the pupil. The plan should be clear about any
authorities and schools later this year on
barriers to the young person’s continuing
developing and reviewing personalised
progression and wellbeing; how these barriers are
education plans for every child educated in a
being addressed; and the role of each of the
Pupil Referral Unit or in alternative provision,
agencies in providing continuing support to the
whatever their length of stay and reason for the
young person. Again, parents or carers should be
placement, building on the most effective practice.
given an opportunity to be involved in agreeing
This would support better differentiation between
these reintegration plans.
the varying needs of the different groups of young
2.16 However, we recognise that some pupils with people. For pupils in Pupil Referral Units we
challenging behaviour or other issues may not envisage that the plan would be drawn up by
return to mainstream education. Local authorities, the teacher in charge of the Pupil Referral Unit,
Pupil Referral Units and schools need to consider or their deputy. Plans for pupils in contracted
the most appropriate longer term provision for alternative provision should be drawn up by the
these pupils. This could be in a resourced unit in a commissioner (local authority officer or school
mainstream school, a special school in the staff). Plans for pupils who remain on the school
maintained, non-maintained or independent roll should be drawn up in conjunction with the
sector, or in contracted alternative provision which school. Where the pupil has a statement of special
undertakes specialist work. For children with educational needs the local authority officer who
statements of special educational needs, the local maintains the statement should be involved. Also,
authority will need to amend the statement to the personalised education plan should record the
name appropriate provision in place of the school pupil’s statement of special educational needs and
from which the young person has been excluded, provision but not duplicate it. Looked after
and must give the parents the opportunity to children should already have a personal education
make representations before finalising the plan which is part of their overall care plan. Where
amended statement. We recognise that for a few a looked after child is educated in alternative
older children it may not be feasible to secure a provision, this should be reflected in their
school place and that they are likely to remain at a personalised education plan.
Pupil Referral Unit. Where this is the case, it is
2.18 Plans should be discussed with the pupil as
important that the breadth of provision that is
soon after arrival as possible and there should be

22
Back on Track A strategy for modernising alternative provision for young people

consultation with their parents or carers. The external providers and work placements. They
impact on parents of their child being placed in equip the pupils with the skills and qualifications
alternative provision should be considered. We to cope with re-entry to mainstream schooling
would expect that the pupil’s progress against the or with a move to employment and further
plan should be monitored and recorded. The learning7.
parents or carers should be kept informed of their
2.21 Pupil Referral Units are currently required by
child’s progress and be invited to regular reviews,
law to offer a “broad and balanced curriculum”, but
at least once a term. This should feed into the
what that means in practice is not specified and
annual review of the pupil’s statement of special
nor are Pupil Referral Units required to offer full-
educational needs where appropriate. For pupils in
time provision to all their pupils. Local authorities
Key Stage 4, the plan should also set out their
are required to provide a suitable full-time
post-16 progression aspirations and how their
education for pupils permanently excluded from
alternative provision will help them achieve these.
school, from the sixth day of their exclusion, but
It should also name the officer or officers that will
again the meaning of “suitable” is not currently
be responsible for ensuring that planning and
defined.
monitoring for individual young people works
2.22 We recognise the challenges faced by Pupil
effectively (see paragraphs 2.35-2.36). A
personalised education plan developed with those Referral Units in providing a rich curriculum
other agencies could form the basis of a pastoral offering. They are much smaller than mainstream
support package that might enable the child’s schools and may not have all the facilities that we
successful progression to school. The personalised would expect in a secondary school. But the best
education plan should be sent with the pupil’s Units meet these challenges through effective
record to any subsequent placement. partnership working with other local schools, with
their 14-19 partnership, with local employers and
2.19 We will consult local authorities,
with private and voluntary sector organisations,
alternative provision providers, head teachers,
and by making imaginative use of information
school staff and other stakeholders about how
technology.
to ensure plans along the above lines become
2.23 We want to ensure that all pupils in
standard practice. We will also consult them on
the idea of going further to develop a alternative provision can expect a curriculum
standardised information passport that would offer that is broad, relevant, links to clear
accompany a young person from the moment outcomes and meets their needs. To this end,
of referral. we will consider developing a national minimum
standard of provision for alternative provision.
Securing a core educational entitlement This would cover:

2.20 Ofsted report that inadequate Pupil Referral ll a minimum curriculum entitlement;
Units offer an uninspiring curriculum. By contrast, ll the number of hours of education and training
they report that: that should be available to the young person;
Effective pupil referral units rekindle their pupils’ and
interest in learning, often with the help of

7 Annual Report of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills 2006/07

23
Back on Track A strategy for modernising alternative provision for young people

Case study– video conferencing KS2/KS3 transition pilot (Cornwall)


In 2007/08 Cornwall County Council developed a Key Stage 2 to Key Stage 3 transition pilot to raise
the profile of video conferencing as a tool to enhance teaching and learning and to create a local pool
of expertise that can be used to support and train other schools in the future. The pilot comprised
four primary schools and five secondary schools and involved 259 pupils (91 in primary and 168 in
secondary schools) working together on a single project through video conferencing. The project
aimed to develop imaginative transition units (working in groups to save the residents of Montserrat
from a fictitious impending volcanic eruption and hurricane) that are given high status and work that
can be transferred from primary to secondary schools, enabling pupils to feel more confident and
enthusiastic about their move. Additionally, it aimed to increase enjoyment and engagement, foster
greater collaborative working and nurture a positive attitude to learning.

The use of video conferencing increased challenge, motivation and engagement and primary pupils
in particular gained a deeper understanding of collaborative working and working autonomously in
small groups. On line surveys were used to formally evaluate the work alongside pupil tracking.
Cornwall have already established links with schools in Brittany and other parts of the world, and have
developed free video conferencing links with the Natural History Museum and National Archives. The
project has increased pupil engagement and motivation and schools have identified further cross-
curricular development in subjects such as PE, drama, music, humanities, English, maths, science and
modern foreign languages. There are obvious applications to improving behaviour and supporting
work of Pupil Referral Units, particularly in rural areas.

ll minimum standards regarding the length of 2.25 To help align the curriculum offer with that in
time that a child should wait before being schools, the curriculum in Pupil Referral Units and
appropriately placed and the length of time for alternative provision will need to enable all young
the engagement of support services such as people to become:
child and adolescent mental health services ll successful learners who enjoy learning, make
(CAMHS).
progress and achieve;
2.24 In developing a national minimum standard ll confident individuals who are able to live a safe,
of provision, we shall aim to build in a degree of
healthy and fulfilling life; and
flexibility to meet the needs of a diverse range of
ll responsible citizens who make a positive
pupils in alternative provision, including those with
special educational needs. It will also be important contribution to society.
to make a distinction between those moving into 2.26 We would welcome views on whether
full-time alternative provision that are likely to stay there should be a prescribed minimum core
for a year or more, and those attending a Pupil entitlement for pupils in Pupil Referral Units
Referral Unit or alternative provision for a short and alternative provision, and if so, how such a
period of time. Where a move to a school is minimum entitlement might be specified. We
planned it is vital that pupils should be following are inclined against making it mandatory for the full
the curriculum that they will be expected to follow National Curriculum to be offered in all Pupil
on arrival in the new school. Referral Units and other alternative provision. The

24
Back on Track A strategy for modernising alternative provision for young people

full National Curriculum may not be the most number of hours for each key stage (see http://
appropriate route to maximise some pupils’ www.teachernet.gov.uk/wholeschool/behaviour/
learning and achievement, particularly those who exclusion/). Except for pupils with specific health
have been disengaged by their experience of the and emotional needs or whose statement of
National Curriculum at school and/or have specific special educational needs specifies fewer hours
learning or behavioural issues which need to be than would otherwise be expected for pupils of at
addressed before they can access a wider their key stage, we expect that all pupils in
curriculum. We consider however that all pupils in alternative provision should receive a full-time
alternative provision should have some entitlement education on the same basis as permanently
to at least a minimum curriculum offer. The range excluded pupils.
of options for such an entitlement includes:
2.28 Pupils that are permanently excluded from
ll a reduced version of the National Curriculum school must be provided with suitable full-time
(for example, the core subjects of English, education within six days of their exclusion. Other
mathematics, science, ICT, plus PE and pupils need to transfer smoothly from school to
citizenship). This would be a minimum alternative provision and onwards and should
entitlement which all pupils would be expected remain in school or alternative provision until a
to follow (though there would need to be place is available for them. Where admission to
provision for dis-application for individual alternative provision and reintegration is arranged
pupils). Alongside this common core through local panels they already have protocols
curriculum, pupils should be offered the for pupils to move to their next placement within a
opportunity to study subjects or topics or specified time. Our view is that this should be
acquire skills that met their individual needs arranged within two weeks. Where pupils need the
and aspirations; and support of another local agency then local
ll
protocols need to ensure that services can be
a minimum entitlement curriculum in terms of
accessed within a reasonable timescale. Our view is
literacy, numeracy, ICT, and personal and social
that this should normally be within two weeks
development. For pre-14 pupils, the basic skills
unless very specialist support is required.
requirement could be drawn from the National
Curriculum programmes of study for English, 2.29 We welcome views on the minimum
maths and ICT. For older (14+) pupils the basic number of hours of education and training that
skills requirement could be aligned with should be available to the young person and on
functional skills. the minimum length of time that a child should
wait before being appropriately placed and the
The above options are illustrative and not
length of time for the engagement of support
exhaustive. We would welcome views on other
services, as set out in the above paragraphs.
ways in which a minimum or core curriculum
entitlement could be specified. 2.30 Pupils who are likely to remain in a Pupil
Referral Unit until they reach the end of
2.27 The law already requires permanently
compulsory education should be working towards
excluded pupils to be provided with a suitable
recognised qualifications. Where appropriate to
full‑time education and our guidance on provision
their needs and interests, it will be important that
for permanently excluded pupils sets out the
pupils in Pupil Referral Units and alternative

25
Back on Track A strategy for modernising alternative provision for young people

provision have clear routes to achieve the pilot will identify good practice and inform
combinations of qualifications at Entry Level and how the pathways can be developed in time for
level 1 that will prepare them fully for level 2 and full implementation by 2010-11, including where
beyond. The Foundation Learning Tier will create a appropriate through Pupil Referral Units.
more coherent set of entry level and Level 2
2.33 Pupil Referral Units are also working in
qualifications, which will ensure young people
partnerships with schools, colleges, training
develop the skills they need for further education
providers and employers on Key Stage 4
and employment, as well as being able to progress
engagement pilots which provide work-focused
more readily up the qualifications ladder. It will also
alternative provision for disaffected 14-16 year olds.
offer smaller units of learning in more inspiring and
They typically spend two days a week on the
motivational subjects which will appeal to a
scheme with the remainder in classrooms following
broader range of learners. A key component of the
the rest of the National Curriculum. Early evidence
Foundation Learning Tier is Progression Pathways.
shows that the scheme is proving effective at
The Progression Pathways will offer clear and
remotivating young people to stay in learning and
appropriate progression routes toward Level 2 and
we are encouraging other areas to adopt the forms
positive destinations such as employment or
of provision being developed by the pilots.
independent living.
2.34 In the light of responses to the consultation
2.31 We will expect that Key Stage 4 pupils who
which this section of the White Paper initiates, we
have achieved the standard required, and wish to
plan to publish new guidance on the curriculum
take GCSEs or Foundation Diplomas will be offered
for Pupil Referral Units and other alternative
the opportunity to do so. The September
provision in September, and legislate where
Guarantee, the guarantee of the offer of a suitable
necessary. We will also ask Ofsted to consider how
place in learning for every young person leaving
best to reflect this guidance in its new inspection
Year 11 has been in place nationally since
framework.
September 2007. We want to ensure that this
guarantee is being fully implemented for young Clear responsibility for education and well-being
people in Pupil Referral Units and that they are
2.35 We want to ensure that there is much clearer
given the support to progress further in education
responsibility for the education and well-being of
or training.
young people in alternative provision. Where such
2.32 The Foundation Learning Tier is focused provision is organised and commissioned by the
around three central curriculum strands: functional young person’s school, the responsibility clearly sits
skills; personal and social development skills; and with the school. But for permanently excluded
vocational skills. Progression Pathways for 14-19 pupils and others without a mainstream school
learners will be piloted from September 2008. place, the responsibility may not always be so clear
These are intended to provide progression to a cut. While legally the responsibility rests with the
Foundation Diploma or GCSE, skilled work (an local authority, the responsibility at individual
apprenticeship) or independent living/supported officer level may not be clear. While our proposals
employment. We anticipate that around 115 for sharpening up individual planning and
centres will be involved in the pre-16 pilots, seven provision will help at the level of the provider, we
of which will be Pupil Referral Units. Lessons from believe that there is a need – over and above this –

26
Back on Track A strategy for modernising alternative provision for young people

for a clear role within the commissioning local


Consultation questions
authority to oversee the quality of provision for
We are considering the case for developing a
each young person in alternative provision, to
standardised information passport that
monitor their progress and to ensure that support
accompanies a child from the moment of
is mobilised for that young person from other
referral, or exclusion. Welcome views on this, in
agencies, as required. We see this role as being
particular what information should this contain
similar to that of the designated teacher for looked
and what time limits should be set for
after children, which is currently being piloted in
information transfer? (see paragraph 2.13)
11 local authorities, as well as being developed by
others to ensure that all schools within a local What should a personalised education plan
authority can be supported and challenged to contain, who should be involved in drawing
provide the best possible education to the looked it up, and how often should it be reviewed?
after children on their roll. For children with health We would also welcome any good practice
needs, partnership working with health agencies examples. (see paragraph 2.17)
will be particularly important to ensure services are How can we ensure that individual pupil plans
tailored to improving Every Child Matters become standard practice for a child educated
outcomes, through extended schools clustering in a Pupil Referral Unit or in alternative
arrangements, so that support can be arranged provision? (see paragraph 2.19)
swiftly.
Should there be a prescribed minimum core
2.36 We therefore propose that a named entitlement for pupils in Pupil Referral Units and
officer or officers in each local authority should alternative provision, and if so, how such a
be responsible for ensuring that planning and minimum entitlement might be specified?
monitoring for individual young people in (Please see suggested examples in
alternative provision works effectively. This paragraph 2.26)
function sits well with the enhanced local authority
What minimum hours of education and training
accountability for the outcomes of young people
should be available to pupils in alternative
in alternative provision, for which we set out
provision? (see paragraph 2.29)
proposals in Chapter 4. It also links closely with the
function of planning needs across the local How quickly should a pupil be placed in
authority and commissioning provision to meet alternative provision and how long should be
those needs, for which proposals are set out in allowed to engage any support services that
Chapter 3. It may therefore make sense for all of they may need? (see paragraph 2.28)
these functions to be combined under one officer, Please see Annex 4 to find out how to
but the precise arrangements are a matter for respond.
individual local authorities. It would be helpful if
this officer was referred to in the pupil’s individual
education plan (see paragraphs 2.17-2.18).

27
Chapter 3:
Better planning and commissioning
of alternative provision

We need to ensure better planning and commissioning of alternative provision for vulnerable
young people. We will launch this autumn a Commissioning Support Programme for Children’s
Trusts to improve the commissioning of all children’s services and in particular we will support
local authorities and schools to improve their commissioning by:
ll publishing a toolkit on commissioning alternative provision in the summer; and
ll launching a national database of providers of alternative provision in September.

We will also expect school partnerships to have a leading role in deciding the extent of
educational provision that is needed for all pupils in the partnership.

The case for more strategic commissioning provision is becoming increasingly important. This
3.1 Alternative provision is commissioned by is partly because we have introduced a statutory
local authorities, usually on behalf of permanently requirement for schools to make full-time
excluded pupils and others without a school place, educational provision for their pupils from the sixth
and by schools, usually on behalf of their own day of a fixed period exclusion. But, more generally,
pupils (including those who are excluded for fixed we also want schools to use Pupil Referral Units
periods). Alternative provision can be and alternative provision as part of their early
commissioned from a range of providers in the intervention and preventative work. Alternative
voluntary and private sectors, such as small education should be at the centre of work on early
independent schools. Where school behaviour intervention and prevention. Early and appropriate
partnerships run local provision themselves, the intervention may mean that more children come
local authority could commission provision from into contact with alternative provision, but for less
the partnership to meet its own responsibilities. In time. As well as providing for children who have
the case of Pupil Referral Units, the local authority been permanently excluded and for others who,
is both the commissioner and the provider; but for whatever reason, cannot be educated in a
schools can also commission specific services from mainstream or special school, we want to see
Pupil Referral Units. more use made of alternative provision as a means
to reduce the need for exclusion. Schools need to
3.2 The role of schools – and school behaviour
see alternative education as a resource that they
partnerships – as commissioners of alternative
can access for early intervention without running

28
Back on Track A strategy for modernising alternative provision for young people

up against lack of capacity. Local authorities that a DCSF commissioned report by the National
focus on quality and effectiveness should be Foundation for Educational Research found that:
ensuring that in planning capacity they identify
“Unless AP [alternative provision] is integrated
places that are specifically for short term
with the LA’s core mainstream offer, there is
placements to support this early intervention work,
a danger of inadequate or ad hoc provision.
as well as longer term placements for those who
Without this integration and the message of
need them.
equivalence this conveys, there is a danger
3.3 Whether commissioned by local authorities that AP remains marginalised and perceived
or by schools, the quality of the commissioning by parents, pupils and employers as being of
process is an essential underpinning for high lower status than other learning opportunities.
quality alternative provision. It depends on a References to AP in a range of key LA policy and
transparent and vibrant market, in which there is a planning outputs can be an important indicator
range of excellent providers and in which the of this integration and status8”
commissioners know what they need, who the
providers are and what they can offer. Clarifying roles of schools and local authorities
Commissioning the right provision from the
The role of local authority Children’s Trusts
market depends on high-quality user engagement
3.5 We need to engender a much more strategic
– on a sophisticated understanding of need, which
approach to commissioning so that pupils whose
is shared by commissioners and providers. In turn,
needs cannot be met in school have access to
effective commissioning should help to generate
tailored provision and so that there is capacity for
the conditions in which an effective market can
preventative work to minimise the number of
operate, helping the better providers to expand
permanent exclusions. At local authority level,
their services, while driving improvement in other
contracted alternative provision has usually been
provision (or removing it from the market
commissioned by the Behaviour Support Team or
altogether). But we know from Ofsted inspection
equivalent within Children’s Services. But to ensure
evidence and from other surveys that there is often
that alternative provision is commissioned as part
a mismatch between the number and type of
of the wider strategic commissioning process for
placements and local needs; that local authorities
the local area it should be done within the context
tend to use a limited range of providers; and that
of the Children’s Trust arrangements.
local authority and school commissioning does not
always focus closely enough on needs and 3.6 All local authorities should now have
outcomes. We need to tackle this directly. Children’s Trusts which oversee and coordinate a
set of local arrangements for a joint needs
3.4 Many local authorities have taken a strategic
assessment, strategic planning and, where
approach to planning what alternative provision
appropriate, joint commissioning of services to
they need for pupils out of school. However,
improve well-being for children and young people,
elsewhere, the approach appears much more
which is of particular importance to those with
fragmented as alternative provision has been
health needs. Commissioning alternative provision
commissioned piecemeal over the years to
should be embedded in this process. The
supplement Pupil Referral Unit provision. In 2007,
Children’s Plan raised the bar for what is expected
8 Effective alternative provision, Research Report DCSF-RW002, October 2007

29
Back on Track A strategy for modernising alternative provision for young people

of Children’s Trusts to drive the necessary step contracted alternative provision, based on good
change in improved outcomes. The Department is quality market intelligence about what is available
currently consulting on additional statutory to meet needs.
guidance for Children’s Trusts on inter-agency
3.10 As part of this process of agreeing a local
co-operation to improve the wellbeing of children,
commissioning strategy, it is important that local
young people and their families. The consultation
authorities and schools are clear about their
ends on 26 June; a copy may be found on
respective roles. The extent to which local
http://www.dcsf.gov.uk/consultations/conDetails.
authorities delegate or devolve budgets for
cfm?consultationId=1544.
behaviour support to schools (and school
3.7 Local authority commissioners may also find partnerships) will vary from place to place. The key
it useful to refer to the Department of Health point is to ensure that there is clarity about who is
document “Better Care: Better Lives”, which sets responsible for what, so that there is seamless
out a commissioning strategy involving health, provision for children and young people whatever
social care and education services for improving their circumstances.
outcomes for children with life limiting and life
3.11 We expect school behaviour partnerships
threatening conditions who may require
(see Chapter 6) to have a leading role in
alternative provision. We would expect Children’s
deciding the extent of educational provision
Trusts to take this into account in commissioning
that is needed for all pupils in the partnership.
services for this group of children.
As school partnerships (unlike individual schools)
3.8 Given the high proportion of children in are not a legal entity, the local authority may be
alternative provision who have special educational better placed to commission alternative provision
needs, it is important that local authorities consider but we would expect school staff to be involved in
the commissioning of alternative provision the tendering and sifting process. Partnerships
alongside planning and developing special should have the opportunity to ensure that there is
educational provision. Where local data shows that sufficient funding available to meet needs, through
pupils with particular special educational needs are the Schools Forum, and to agree local funding
being placed in Pupil Referral Unit provision long- arrangements that incentivise preventative
term, local authorities need to re-assess whether strategies across schools. Schools already
they have the right special educational provision, commission alternative provision direct, and we
in mainstream and special schools, to meet the encourage them to continue to do so, but we
needs of children in their area. believe that commissioning is more likely to deliver
successful outcomes when it is part of a coherent
The role of schools
overall strategy overseen by the Children’s Trust.
3.9 It is important that Children’s Trusts should
involve schools in agreeing their strategy for Support for local authorities and schools in
alternative provision. This includes jointly commissioning alternative provision
determining the overall level of need, based on 3.12 We want to support local authorities and
good local data, and the balance between schools in commissioning and quality assuring
preventative and reactive support needed. It also alternative provision, including by disseminating
includes deciding on the balance between local effective practice. To this end, we intend to
authority-maintained Pupil Referral Units and publish a toolkit on commissioning alternative

30
Back on Track A strategy for modernising alternative provision for young people

Case study – commissioning a range of public and voluntary sector provision (North
Lincolnshire)
North Lincolnshire first commissioned a range of alternative provision to complement its Pupil Referral
Unit provision in April 2006. They used competitive tendering for full-time alternative provision and
specified rigorous standards to ensure that providers would work to meet the needs of young people
in alternative provision. The local authority stipulates the standards required, in terms of levels of
attendance and accreditation. Through the tendering and contracting process, the local authority sets
out aims and objectives for providers for outcomes such as attendance and attainment for contracted
providers.

There are also less formal service-level agreements with other providers which have not gone through
a formal contracting process, however, a local authority officer monitors quality of provision and
facilitates placements on behalf of schools. The establishment of monitoring requirements prior to
accessing alternative provision ensures that all parties know what is expected of them. North
Lincolnshire Children’s Services also asked other council directorates to help find placement
opportunities in their services, making the council more joined up. For example Leisure and Tourism
provide part-time opportunities in horticulture which are linked back to the curriculum in school.

provision in the summer. This will replace existing commissioners in key Children’s Trust partner
guidance and emphasise the need for contracted organisations and will focus on improving the
alternative provision to focus on attainment and quality of commissioning of all children’s services.
outcomes for young people, within a quality It will capture and disseminate expertise which is
assurance framework. It will also highlight the need already in the system, support commissioner
for links with an authority’s planning and networks, and provide bespoke support to
development of special educational provision. empower individual commissioners dealing with
specific local challenges.
3.13 The toolkit will provide specific advice on key
parts of the commissioning process, covering the
following areas: Encouraging the use of a wider range of
alternative provision
ll analysis of pupils’ needs and anticipated
3.15 We encourage the use of a range of
volumes;
organisations offering alternative provision, such as
ll ‘gap analysis’, comparing future needs against the voluntary sector and private providers, where
current provision; they are best placed to meet young people’s
ll advertising for provision, including specification needs. But we are aware that in some areas there
of outcomes; seems to be only limited provision available
outside the public sector. We are also aware that
ll securing best value for money; and
some providers are looking to expand their
ll quality assuring provision. operation but do not have access to market
3.14 We will also launch this autumn, with the intelligence which would suggest the most likely
Department of Health, a commissioning support areas to target. To address these issues, we are
programme for Children’s Trusts. The programme developing a national database of providers of
will be aimed at strategic and operational level alternative provision, to be launched in
31
Back on Track A strategy for modernising alternative provision for young people

September, which will be populated by areas and enable providers to identify areas with
information given by local authorities and limited provision, where their services may be a
providers. This will enable commissioners to trawl useful addition. The Department expects
for providers in their local area or neighbouring commissioners to quality assure external provision.

Case study – a local authority directory of alternative provision for schools (Rochdale)
Rochdale produced a Directory of Wider Learning Opportunities in 2007 to ensure schools are aware
of the types of alternative provision available across the local authority. The directory includes details
of 17 alternative providers based within the authority. It provides contact details, information on what
the provision offers young people (including the learning programme offered), entry requirements,
assessment methods, progression opportunities, costs, the number of places offered, the length of the
course and the qualifications offered.

The majority of the providers in the directory are signed up to the ‘Rochdale Protocols for Wider
Learning Opportunity Partnerships’ which offer commissioners some quality assurance of the
provision on offer. The Directory aims to support head teachers and curriculum deputies in planning a
broader range of learning activities and curricula for pupils and provides them with information about
the range of wider learning opportunities available within the local authority. The local authority
intends to update the Directory on an annual basis in order to include new providers and review
existing provision and the 2008/09 update is likely to list around 20 providers.

Case study – quality assuring alternative provision (Wandsworth)


The London Borough of Wandsworth has in place a framework for quality assuring alternative
provision it commissions from external providers. Providers complete a comprehensive self
assessment document which includes a list of criteria under seven themes indicating whether they
fully, partially or do not meet each criteria and provide the necessary evidence to back up their
assessment. Providers also assess themselves on each theme as outstanding, good, satisfactory or
inadequate. The completed form is then submitted to a Quality, Monitoring and Evaluation team
(QMET) made up of local authority officers, school senior managers and providers, who draws on
information in the self assessment document to set objectives for the visit.

During the visit, issues agreed by the QMET are discussed with the providers which may include:
ll the evidence used to support their self assessment
ll discussions with teaching and other staff
ll sampling students’ work
ll ensuring providers meeting statutory requirements, e.g. CRB checks for staff

A variety of information, including strengths and weaknesses of the provision, are gathered and
agreed with providers to inform the Quality Improvement Plan (QUIP). The QUIP includes main areas
for development during the coming year; strategies to tackle areas for improvement and actions
carried forward from the previous QUIP. The QUIP is regularly monitored.

32
Chapter 4:
Increasing accountability

We need to strengthen accountability for pupil outcomes from alternative provision.


We will:
ll pilot the collection and publication at local authority level of educational outcomes data
(GCSEs and equivalents) for pupils at the end of Key Stage 4 solely registered in Pupil
Referral Units and other alternative provision;
ll collect and publish data annually on attendance at Pupil Referral Units;
ll consult on how best to gather progression and value added data for pupils in alternative
provision;
ll consult on the application of new school indicators on pupil well-being to Pupil Referral
Units;
ll ask Ofsted to take account of any Pupil Referral Units in special measures in a local authority
in its comprehensive area assessments;
ll strengthen the Secretary of State’s powers to intervene when Pupil Referral Units fail, by
requiring local authorities to replace them with a specified alternative;
ll introduce a new power to require a local authority, when necessary, to hold a competition
to find the best provider of the specific alternative model that has been identified; and
ll publish statutory guidance in 2009-10 on alternatives to Pupil Referral Units, informed by
pilots and other innovative work.

Raising attainment for pupils in Pupil Referral include attainment of pupils who are solely in Pupil
Units and alternative provision Referral Units or alternative provision, but these are
4.1 The accountability framework for Pupil not currently available at local authority level.
Referral Units and alternative provision is seriously Pupils who are dual registered in schools and
under-developed compared with mainstream Pupils Referral Units or alternative provision have
schools. Much of the performance data that are their attainment attributed to their school. This
available for schools are simply not available for provides an incentive for schools to provide the
this sector. Attainment data at national level support pupils need to succeed. Also, we do not

33
Back on Track A strategy for modernising alternative provision for young people

have attendance data for pupils in alternative Strategies to provide more focused support and
provision although we are planning to collect it for challenge to local authorities. As mentioned in
pupils in Pupil Referral Units from 2009. The lack of Chapter 3, our intention to publish performance
pupil level data for pupils solely registered in Pupildata should help to focus providers and
Referral Units and other alternative provision commissioners on the need to ensure that pupils
means that local authorities, the institutions in alternative provision at Key Stage 4 are working
themselves and Ofsted do not have the hard data towards recognised outcomes. This in turn fits with
needed for critical appraisal of relative performance the local indicator set relating to “enjoy and
compared to others in the sector. Ofsted also achieve” and the national target to raise the
report that many local authorities do not track educational achievement of children and young
outcomes or provide sufficient challenge to people. Pupils who are dual-registered in a school
contracted providers9. and in a Pupil Referral Unit or other alternative
4.2 A further weakness of the accountability
provision already have their results attributed to
framework for alternative provision is that there are their school. We will look for ways that enable
no requirements for any performance data to be results to be attributed to both schools and
shared with parents. And although all Pupil Referral providers while avoiding double counting. Ofsted
Units now have School Improvement Partners to will also take account of the newly available end
provide support and challenge, their job is Key Stage 4 performance data in its
hampered by the limited availability of comparable comprehensive area assessments.
data. 4.5 But publication of Key Stage 4 performance
data will not identify the educational attainment of
4.3 We need to address this lack of performance
younger pupils or those who are only in alternative
data so that the commissioners and providers of
provision for a shorter period or are also on the
Pupil Referral Units and other alternative provision
register of a school. We recognise the need to
can be held to account for outcomes in the same
monitor the progress which young people in
way as mainstream schools.
alternative provision make across the age range
4.4 We will tackle this by introducing the
and this is why in Chapter 2 we set out our
following reforms. First, we intend to pilot the proposals that all pupils outside mainstream school
collection and publication of educational should have a personalised education plan, tailored
outcomes data (GCSEs and equivalents) for to their needs. We will consult on how best to
pupils at the end of Key Stage 4 solely gather progression and value added data for
registered in Pupil Referral Units and other pupils in alternative provision, taking account of
alternative provision, starting from January 2009 the varying lengths of time that pupils spend there.
for the 2007-08 academic year. The published data
4.6 In addition to attainment data we plan to
will be local authority-wide rather than for
extend other useful information available for Pupil
individual institutions and providers, because we
Referral Units. We will collect and publish data
recognise the variation between different types of
annually on attendance at Pupil Referral Units,
local provision, particularly where there are
starting from January 2009 for the 2007-08
specialist units. These data will enable the National
academic year. We will also consult on how the

9 A survey of educational support and provision for pupils not in school, Ofsted, November 2004

34
Back on Track A strategy for modernising alternative provision for young people

Children’s Plan proposal for new school-level Secretary of State already has powers to direct
indicators of pupil well-being could apply to closure of failing Pupil Referral Units and to enable
Pupil Referral Units. us to require that local authorities engage external
advisory support for failing Pupil Referral Units,
4.7 From April 2009, Ofsted will carry out a rolling
enabling the expertise of the private and voluntary
three year inspection programme of local authority
sector to be brought to bear in such cases. We will
provision and outcomes for looked after children,
also ask Ofsted to take account of any Pupil
alongside the new Comprehensive Area
Referral Units in special measures in a local
Assessment. While we do not currently hold
authority in its comprehensive area
accurate figures on the number of looked after
assessments.
children in alternative provision, we know that
some of them are being educated in this sector. 4.10 These arrangements and powers are helpful,
We will discuss with local authorities how we might but we believe that on occasion we need to go
obtain this information. Where significant numbers further. Where Pupil Referral Units fail to improve
of looked after children are educated in alternative despite advisory support or other strategies there
provision, we will ask Ofsted to consider the quality need to be options other than closure to make
of education provided and outcomes achieved for better provision for vulnerable young people. We
these pupils as part of their rolling programme of believe that this is more likely to be in pupils’ and
inspection of children in public care. parents’ interests. Options for pupils in a Unit
facing closure without replacement may be very
Inspecting Pupil Referral Units and intervening limited, and there would be a risk of pupils being
when necessary placed inappropriately in mainstream provision.
4.8 Ofsted tell us that just over half of Pupil Ultimately we believe that more radical options
Referral Units are good or outstanding (56 per may be needed.
cent), slightly more than for secondary schools (51 4.11 The current intervention regime for Pupil
per cent). In 2006/07 Ofsted judged 10 per cent of Referral Units in special measures only allows the
Pupil Referral Units inspected that year to be Secretary of State to direct closure and does not
inadequate, very similar to the 9 per cent of permit the Secretary of State to require that a Pupil
secondary schools. Units judged inadequate in that Referral Unit be replaced with an alternative
year had approximately 700 pupils on their model. We intend to strengthen the Secretary
combined rolls10. of State’s powers to intervene when Pupil
4.9 At present (May 2008) 11 Pupil Referral Units Referral Units fail, so that he can both direct
are in special measures. Pupil Referral Units which closure and require local authorities to replace
are judged inadequate are provided with similar them with a specified alternative. This will
support to schools in this position to help them require legislation. This new power would be
improve and in some cases they do improve triggered when a “case is considered urgent”
within 12 months. The average turnaround time following an “inadequate” Ofsted monitoring
for a Pupil Referral Unit in special measures was 15 report at the second visit. This would normally be
months in 2006/07. This is less than the average about 12 months after going into special measures
time for a secondary school (22 months). The but may be earlier in some cases. Before directing

10 Annual Report of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills 2006/07 and updated figures for complete year

35
Back on Track A strategy for modernising alternative provision for young people

replacement with a specified alternative, DCSF


officials would discuss options with advisers and
local authority officers to gain a full picture and
then advise the Secretary of State accordingly.

4.12 The alternatives are likely to be specified in


terms of management and accountability
arrangements, the nature of the curriculum, pupil
numbers, age range and other key criteria.
Statutory guidance on the range of alternatives
would be informed by the pilots that are described
in Chapter 7. The alternatives will include provision
run by the private or voluntary sector or by local
schools.

4.13 We will also take the power to require a


local authority, when necessary, to hold a
competition to find the best provider of the
specific alternative model that has been
identified. This will help to drive up standards by
competitive pressure and will increase the diversity
of the alternative provision sector.

4.14 We will publish statutory guidance in


2009-10 on alternatives to Pupil Referral Units,
informed by pilots and other innovative work
set out in Chapter 7. This will set out in detail the
circumstances in which the Secretary of State’s
power would be exercised and the complete
process from the unit being judged inadequate to
closure and replacement with a specified
alternative.

We will seek views later on how best to gather


progression and value added data for pupils in
Pupil Referral Units, taking account of the
varying lengths of time that pupils spend there.
(see paragraph 4.5)

We will also seek views later on how the


Children’s Plan proposal for new school-level
indicators of pupil well-being should apply to
Pupil Referral Units. (see paragraph 4.6)

36
Chapter 5:
Developing the capacity of
alternative provision – better
professional support, better
accommodation and better facilities

We need to improve support for the workforce in Pupil Referral Units and alternative provision
and improve their accommodation and facilities. We will:
ll ask the School Teachers’ Review Body to make recommendations on special educational
needs allowances for teachers working with these pupils in Pupil Referral Units;
ll ensure that the new negotiating body to determine the pay and conditions of school
support staff makes sure that staff in Pupil Referral Units are appropriately rewarded for the
work that they do;
ll ask the National Strategies, in consultation with local authorities, to look at opportunities to
further promote continuing professional development (CPD) for staff working in Pupil
Referral Units and alternative provision;
ll ensure that, as we develop the Masters in Teaching and Learning qualification, the
programme takes account of the needs of staff and the children in Pupil Referral Units and
alternative provision;
ll ask the National Strategies to develop local networks for staff working in Pupil Referral
Units and other alternative provision;
ll work with local authorities and the social partners to evaluate the implementation of the
new professionalism agenda for staff in Pupil Referral Units and alternative provision and
whether this workforce are receiving all the statutory entitlements to support them in
raising standards;
ll increase access to high quality leadership and management support through the National
Leaders in Education Programme;
ll promote the National Programme for Specialist Leaders of Behaviour and Attendance
(NPSL-BA) which provides leadership training in behaviour and attendance;
ll expect that Pupil Referral Units will continue, as planned, to be built or refurbished through
the Building Schools for the Future programme;
ll expect Pupil Referral Units and other alternative provision to work in collaboration with
other providers (schools, colleges, training providers) and with employers to ensure their
pupils can access the range of teaching and facilities they need; and
ll look at how better links can be made between Pupil Referral Units and parenting and whole
family support.

37
Back on Track A strategy for modernising alternative provision for young people

5.1 The success of this strategy will in very large ll avoiding the professional isolation that can be a
part be dependent on the commitment, energy feature of work in Pupil Referral Units and other
and professional skills of those who work in and alternative provision.
lead alternative provision, many of whom do an
5.3 We are committed to ensuring that all
outstanding job in difficult circumstances. We
teachers and support staff in Pupil Referral Units
know that Pupil Referral Units and alternative
are rewarded for the work they do. We will be
provision can face particular difficulties in
asking the School Teachers’ Review Body,
recruiting skilled leaders and staff and providing
within their 2008 remit, to make
them with appropriate career pathways. We also
recommendations on Special Educational
know that where good provision currently exists it
Needs allowances for teachers involved with
is often associated with a particular inspirational
supporting pupils with Special Educational
leader. We need to create sustainable support
Needs. As part of this, we will expect the
structures for Pupil Referral Units and alternative
Review Body to consider how teachers in Pupil
provision to help them develop and maintain their
Referral Units could be rewarded for this work.
capacity as centres of expertise. The proposals set
5.4 We are establishing a new negotiating body
out in this White Paper also require that Pupil
Referral Units and other alternative provision can to determine the pay and conditions of school
provide access to a wider range of curriculum support staff. We will ensure that in developing
provision, including placements with employers. a new framework, the new body ensures that
Delivering a richer and more engaging curriculum all staff, including those in Pupil Referral Units,
in turn requires better facilities and better are appropriately rewarded for the work that
accommodation. Local authorities also need to they do. We expect the Chair and framework to be
ensure that specialist children’s service in place by September 2008, so that work can
professionals – educational psychologists, the begin in developing a nationally consistent
Child and Adolescent Mental Health Service, approach to support staff employment matters
targeted youth support – are mobilised so that whilst containing sufficient flexibility to help meet
staff in alternative provision have timely access to local needs.
the range of specialist support required. 5.5 We will do more to ensure that staff in
alternative provision have the opportunities and
Developing the workforce support they need to develop their skills. We have
5.2 Working with pupils in alternative provision is therefore asked the National Strategies, in
particularly demanding. Staff in alternative consultation with local authorities, to look at
provision need to be able to engage, motivate and opportunities to further promote high quality
inspire the most challenging pupils. That will continuing professional development for staff
involve: working in Pupil Referral Units and other
alternative provision. We will also ensure that,
ll ensuring that staff in Pupil Referral Units have
as we develop the Masters in Teaching and
the right pay and conditions;
Learning with the Training and Development
ll building the skills of the workforce through Agency for Schools and social partners, the
continuing professional development (CPD); programme takes account of the needs of staff
and

38
Back on Track A strategy for modernising alternative provision for young people

Case study – providing continuing professional development for alternative provision staff
(Hackney)
The Learning Trust Hackney run a “virtual Pupil Referral Unit” with up to 140 pupils in contracted
provision including places in further education colleges and work experience. The unit is supported by
a recently strengthened team which undertakes rigorous contract management, pupil progress
tracking and direct pupil support. They have set key performance indicators for providers and have
given them a provider handbook which sets out Hackney’s expectations. Key performance indicators
are individually tailored to provision and take into account the student cohort. They cover:
ll progress in behaviour;
ll progress in achievement;
ll attendance;
ll accreditation;
ll retention; and
ll transition to post 16.

While most contracts focus on outputs for pupils and monitoring and feedback arrangements,
Hackney expect staff working in contracted alternative provision to undergo continuing professional
development and functional training such as Health and Safety training. Possibly uniquely, as part of
their commissioner/provider arrangements, The Learning Trust arrange this development and training
for their providers as part of the contract.

and the children they work with in Pupil provision and mainstream schools, special schools
Referral Units and other alternative provision. or other providers. We have therefore asked the
National Strategies to develop local networks
5.6 Development opportunities for contracted
for staff working in Pupil Referral Units and
staff in alternative provision are often very limited.
other alternative provision, linking them with
It is good practice for local authorities to build
each other and also with staff working in
requirements for continuing professional
mainstream and special schools. This would give
development for staff into their contracting
them the opportunity to discuss common issues
arrangements. They may also find it helpful to
and share effective practice. We shall also consult
draw on expertise from colleagues in the health
local authorities and the social partners to
and voluntary sector.
evaluate the implementation of the new
5.7 We know that networking between
professionalism agenda11 for staff in Pupil
colleagues working in Pupil Referral Units and Referral Units and alternative provision and
other alternative provision can be a key source of whether this workforce are receiving all the
ideas, advice and professional support. The same statutory entitlements to support them in
applies to work between staff in alternative raising standards.

11 The new professionalism agenda aims to support teachers in their core task of improving teaching and learning and also to support the way they
develop themselves and each other.

39
Back on Track A strategy for modernising alternative provision for young people

Developing leaders secondary schools. The majority of local authorities


5.8 We need to build the capacity of head in Building Schools for the Future have already
teachers and teachers in charge of Pupil Referral included Pupil Referral Units in the plans for their
Units. The National College for School Leadership is current waves, many of them as new build. We
introducing a revised qualification for headship expect that Pupil Referral Units should continue to
from September 2008 which will provide a more be built or refurbished through the Building
personalised development package than before. Schools for the Future programme. Where there is
Leaders of Pupil Referral Units will have better need and Pupil Referral Units have not been
access to more context-specific training to prepare included in an authority’s current project, they
them for the distinct challenges they face. We will should be included in a later wave of the
also increase their access to high quality programme. The Department has also issued
leadership and management support through building guidance12 to help planners and
the National Leaders in Education Programme. architects drive up the quality of Pupil Referral Unit
In addition, we will continue to promote the buildings. This provides guidelines and case
National Programme for Specialist Leaders of studies of effective practice in Pupil Referral Unit
Behaviour and Attendance (NPSL-BA) which accommodation.
provides leadership training in behaviour and 5.10 It is important that improvement continues.
attendance. It offers qualifications and creates Local authority asset surveys from 2005-6 indicate
career pathways for the growing number of that around one third of Pupil Referral Units were
specialists who work in the field of behaviour in poor or bad condition. On average, Pupil Referral
and attendance. Units were in slightly worse condition than
mainstream schools, and Ofsted13 highlights that
Better accommodation and facilities many Pupil Referral Units are housed in inadequate
5.9 The Government recognises the importance accommodation, which can affect their ability to
of good quality accommodation and design in provide children and young people with a good
Pupil Referral Units, and is already investing huge education. Inadequate accommodation can limit
sums in improving educational buildings, with a the curriculum which can be taught on site, for
total investment in schools rising to over £8 billion example inadequate space to teach physical
a year by 2010-11. Pupil Referral Units are eligible education or no specialist teaching rooms for
for support from all DCSF’s capital programmes, science, ICT, design and technology, art or music.
including devolved funding that goes direct to 5.11 The Department therefore:
Pupil Referral Units and local authorities, and
ll expects local authorities to check that they are,
strategic programmes such as Building Schools for
as intended, managing Pupil Referral Unit
the Future. Between 1997 and 2007, Government
building assets alongside the rest of their
investment has supported the building of 42 new
educational estate, surveying buildings
Pupil Referral Units around England. It is the
regularly, and prioritising building works for
Government’s intention to build or refurbish all
Pupil Referral Units on the basis of their locally
Pupil Referral Units to the same timescale as
agreed asset management plans; this should

12 Learning Environments in Pupil Referral Units, February 2007


13 Establishing successful practice in pupil referral units and local authorities, September 2007

40
Back on Track A strategy for modernising alternative provision for young people

mean that, where justified against other schools’ school population. 14-19 reforms are creating a
needs, Pupil Referral Units are receiving a share new curriculum and qualifications entitlement and
of investment from 2008 to 2011; require a collaborative approach to commissioning
ll will monitor capital investment in Pupil Referral
provision and teaching young people across a
local area.
Units by local authorities through the new
annual reporting arrangements being 5.14 Consortia of schools, colleges, and work-
developed to provide audit assurance that based learning providers are already established
government investment is being well spent; across the country, preparing to teach the first
and phase of Diplomas from this September. Pupil
ll
Referral Units are already taking part. Fifty Pupil
will work with Partnerships for Schools to
Referral Units across the country are involved in
ensure that, where BSF is running in an area, the
consortia that will be delivering Diplomas from
local authority covers all the schools, including
September 2009. By 2013, the national entitlement
Pupil Referral Units, in that wave in its BSF
to Diplomas will ensure that every young person in
Strategy for Change submissions. This will
an area is able to access the new curriculum,
include refurbishing or rebuilding Pupil Referral
building on the collaboration taking place now.
Units as part of the long-term estate strategy,
and how Pupil Referral Unit provision will be 5.15 A number of local authorities, working closely
improved to ensure access to a wider, broad- with their secondary schools, are now providing a
based and balanced curriculum. The broader range of subjects at Key Stage 4, including
Department looks to local authorities, architects vocational subjects such as motor vehicle
and designers to follow the new building maintenance, bricklaying, plumbing and
bulletin guidance and to share good practice in hairdressing. This curriculum can be accessed by all
the design of Pupil Referral Units. pupils, whether in mainstream schools or in Pupil
Referral Units. We need to see practice such as this
Extending capacity through collaboration more widely adopted.
5.12 Pupil Referral Units and other alternative 5.16 DCSF is currently working with internal and
provision providers should work in external stakeholders to design a new Entry to
collaboration with schools, colleges, employers Learning Programme that will re-engage those
and training providers to ensure that their who are not currently engaged in learning post-16.
pupils have access to the curriculum provision, Through Entry to Learning young people will be
and the facilities that they need, for example supported through mentoring to move from good
through their involvement in school behaviour quality re-engagement activities through semi-
partnerships. formal personal development and other learning
5.13 The development of 14-19 Diplomas in back into more formal learning, through steps they
particular requires a new approach to can manage.
commissioning and collaboration if pupils in 5.17 A number of innovative voluntary sector and
alternative provision are to benefit from this new local authority funded schemes have succeeded by
development. Traditionally, education in Pupil restoring young people’s confidence and self-
Referral Units and in alternative provision has been esteem, and Entry to Learning will help to ensure
viewed and managed separately from the local

41
Back on Track A strategy for modernising alternative provision for young people

that re-engagement activity is accompanied by 5.19 For children with special educational needs,
clear and personalised progression routes which will the involvement of other agencies in this way
take them step by step back into formal learning. might inform further review of support already in
place, especially for children who are at the School
The team around the child and their family Action Plus or statementing stages of special
5.18 Pupils in Pupil Referral Units and alternative educational needs provision including further
provision often have additional needs that require consideration about appropriate settings and
specialist support. These might be emotional or support for longer-term education. It might also
mental health needs, problems with substance be helpful for psychiatric support workers to be
misuse or other risky behaviours, or difficulties at attached to Pupil Referral Units to build the
home. For these vulnerable young people it is capacity of their staff.
particularly important that there is a close working We will seek views later from local authorities
relationship between the range of specialist and the social partners to evaluate the
support services for young people, families, and implementation of the new professionalism
alternative provision so that each individual young agenda for staff in Pupil Referral Units and
person’s needs are met – the ‘team round the child’ alternative provision and whether this workforce
in action. We will also look at how better links can are receiving all the statutory entitlements to
be made between Pupil Referral Units and support them in raising standards.
parenting and whole family support provided to (see paragraph 5.7)
the most disadvantaged and challenging families,
which aims to improve outcomes by supporting
families in an integrated way.

Case Study – providing multi-agency support to support a Pupil Referral Unit


(Nottinghamshire)
At the Bassetlaw Learning Centre, effective multi-agency support has been engaged by establishing a
clear line of contact with the Connexions information, advice and guidance service by identifying a
dedicated personal adviser to work at the centre. The Connexions personal adviser is funded to visit the
centre to work with permanent excludees and pupils referred for managed moves. The personal adviser
supports young people through the transition process (from mainstream to alternative provision),
identifies appropriate alternative provision for pupils and supports and advises them in their
reintegration to mainstream school or post-16 destinations. The Connexions personal adviser is well
informed about local alternative provision and post-16 opportunities and so is well placed to provide
information, advice and guidance about appropriate alternative provision on an individual basis.
The benefits of having this dedicated support are that the learning centre has been able to establish
strong working relationships with the Connexions service; the personal adviser has become attuned
to the needs of the particular client group at the centre; and the young people are given ease of
access to external expertise and guidance from a member of staff with whom they have established
a positive relationship.

42
Chapter 6:
Alternative provision as part
of our overarching strategy for
behaviour in schools

Alternative provision is a central and essential part of our strategy for behaviour in schools.
We need to ensure that alternative provision is properly integrated with mainstream and
special schools, including those working in behaviour partnerships, and with wider local
services to provide support for challenging pupils.

We will:
ll introduce legislation to require secondary schools and Pupil Referral Units to work together
in local behaviour partnerships (and will also secure the participation of future academies
through their funding agreements);
ll ask the National Strategies to support development of school behaviour partnerships in
adopting preventative strategies;
ll encourage Pupil Referral Units and other providers of alternative provision to work more
closely with special schools or mainstream schools with designated units for pupils with
special educational needs and with wider support services; and
ll expect all schools to take their fair share of previously excluded pupils, but only where
these pupils are ready for reintegration in the mainstream.

The role of schools adjustments to policies and the delivery of their


6.1 Alternative provision needs to be seen within curriculum to prevent disabled children being
the context of our wider strategy for improving treated less favourably and to use their best
behaviour in schools. This strategy is based on the endeavours to meet the special educational needs
principle that schools should intervene as early as of children. We recognise that there are cases
possible to address emerging behaviour problems, where permanent exclusion cannot be avoided,
including those masking underlying learning though, and we are therefore determined to ensure
difficulties or disabilities, thereby minimising the that educational provision for young people who
need for permanent exclusion. All local authorities have been permanently excluded is as good as it
and schools have legal duties towards children with can be. Accountability for these pupils’ progress
special educational needs and disabled children. needs to be transparent and to support this, young
These require schools to make reasonable people need access to a range of suitable provision.

43
Back on Track A strategy for modernising alternative provision for young people

6.2 To have effective early intervention systems, School behaviour partnerships


schools must both develop their own internal 6.4 We believe that schools working in
capacity to identify and support children and partnership will be more effective than those
young people with difficulties and must also be seeking to address these issues in isolation. Schools
able to call in external support where necessary. working in partnership can share expertise (for
This is one of the core principles underlying our example, learning mentors, family outreach
work with schools to develop extended services for workers and behaviour support specialists),
their pupils and the wider community. Over £1.3 facilities (for example, a shared learning support
billion is being provided for the extended schools unit or a shared facility for pupils who have been
programme for the period 2008-09 to 2010-11 excluded for a fixed period) and resources (for
(which includes capital funding). This includes example, pooling funds to buy in specialist
£265 million to subsidise the participation of provision from the voluntary and private sectors).
disadvantaged children in a range of enriching A group of schools working in partnership will also
activities, and £102.5 million to fund Parenting be able to commission alternative provision more
Support Advisers. Extended school services efficiently and effectively than individual schools
(childcare and activities, parenting support and and will be a more powerful influence to drive up
family learning and swift and easy access to the quality and responsiveness of local authority
specialist services) have a key role to play in support services and Pupil Referral Units.
supporting pupils who are at risk of exclusion from
6.5 For these reasons, we set an expectation that
school, and their families. In particular, enriching
all secondary schools (including academies) should
activities can engage pupils in learning and build
be working in such behaviour partnerships from
confidence and social skills. Access to specialist
September 2007. Feedback from local authorities
health, social and other services, parenting support
indicates that the great majority of secondary
and family learning support the child and family in
schools (some 98 per cent) are now in such
tackling underlying issues that contribute to
partnerships and all academies have agreed to be
challenging behaviours which can result in
part of local partnerships, although the extent to
exclusion. Schools should be using the Common
which partnership working is truly embedded and
Assessment Framework to identify pupils’
making a difference remains variable.
individual needs and support the planning of
services to meet them. 6.6 We are convinced that partnership working
between schools to improve behaviour is the right
6.3 In the Children’s Plan we said we would be
way forward and the indications from those
carrying out work with local authorities which have
partnerships which have been established longest
a relatively good record in reducing exclusions of
support that view. These early partnerships have
children with special educational needs to identify
seen a reduction in the need to permanently
any effective practice which can be shared more
exclude pupils and a reduction in rates of
quickly. The National Strategies are taking forward
persistent absence and we are keen to replicate
this work and the outcomes should help to inform
those results more widely. In 2005/06 a number of
school and local authority strategies on
local authorities achieved zero or very low levels of
preventative work.
permanent exclusion by identifying pupils at risk of
permanent exclusion and providing access to

44
Back on Track A strategy for modernising alternative provision for young people

preventative programmes. Local authorities clearly “Virtually all secondary schools – 97 per cent
have a key strategic role in encouraging the – are working in these partnerships. But as Sir
development of school partnerships and providing Alan says, just a few schools not co-operating
challenge when necessary. We have asked the in an area can undermine the effectiveness
National Strategies to support development of of partnerships and so I accept Sir Alan’s
school behaviour partnerships so that all of advice that all schools should be required
them can over time be brought up to the standard to be in these partnerships, and I intend to
of the best. This work will include encouraging legislate on this at the earliest opportunity.
partnerships to adopt preventative strategies and New academies will be required to join
work with Pupil Referral Units and other alternative partnerships and I can confirm that all open
education providers to make this provision as part academies have now agreed to be part of
of the continuum of support. local behaviour partnerships.”

6.7 Effective partnership working requires the We have also asked Sir Alan Steer to review the
active participation of all schools in an area. One or effectiveness of behaviour partnerships and look
two schools operating on different principles and forward to his report in the autumn.
refusing to share responsibility with the wider
school community can undermine the efforts of The role of alternative provision
the majority which are working in partnership. In 6.8 Alternative provision is a key part of the
the Children’s Plan, we said that we were minded support landscape for children and young people
to make participation in behaviour partnerships a experiencing difficulties which express themselves
statutory requirement and invited Sir Alan Steer to in poor behaviour. It can both support schools in
advise on this point as part of his review of addressing those difficulties, by providing specialist
progress in implementing the recommendations support, including part-time courses to boost self
of his Practitioners’ Group’s earlier report on school esteem and help with issues such as anger
behaviour and discipline. The Group had management; and it provides full-time education
recommended that participation in these for those who have been permanently excluded or
partnerships should cease to be a voluntary option who do not have a school place.
for schools by 2008. Sir Alan has now confirmed
6.9 Pupil Referral Units and other alternative
this view, strongly supporting the principle that all
provision should play a key role in school
schools need to work in collaboration in order to
partnerships to improve behaviour and tackle
promote good standards of behaviour. We
persistent absence, and so maximise the
therefore intend to require all secondary
opportunities for sharing expertise and
schools – including academies and Pupil
strategies across educational provision.
Referral Units – to work in behaviour
By developing and strengthening such links, we
partnerships and will secure this through
would expect to see further improvements in the
funding arrangements (for future academies)
ability of schools to intervene early to support
and legislation (for all other schools). Speaking
vulnerable young people. We would also expect to
at the NASUWT conference on 26 March, the
see more children coming into contact with
Secretary of State said:
alternative education for shorter periods as part of
efforts to keep them engaged and in mainstream

45
Back on Track A strategy for modernising alternative provision for young people

schools. But there will also be dividends in cases looking after the interests of the individual children
where permanent exclusion cannot be avoided, and young people for whom they are responsible.
in terms of improved transfer of key data between Local authorities in turn have a key role in
school and Pupil Referral Unit to support the brokering effective relationships between the
planning of provision, and in terms of more customers for and the providers of these support
effective reintegration for young people when services, so that each understands the role of the
they are ready to move back into the mainstream. other. To support this joint working, we ran a series
of regional workshops early in 2008 to enable local
6.10 Pupil Referral Units should also be seen as an
authorities to start to make the links between
integral part of local extended schools provision and
school partnerships (including Pupil Referral Units)
should be part of their local cluster of extended
and targeted youth support. We have also
schools. Pupil Referral Units should offer access to
developed supporting guidance (available on line
extended services themselves and with partner
at http://www.teachernet.gov.uk/wholeschool/
private, voluntary and statutory organisations and
behaviour/collaboration). As part of their work in
support the engagement of their pupils in the
supporting and challenging school behaviour
services provided by mainstream schools.
partnerships, the National Strategies will continue
to promote the importance of developing these
The role of wider support services
links.
6.11 Local authority and related support services
have a key role to play in supporting schools and 6.14 An increasing body of evidence shows that
alternative education providers to address the participation in positive activities can help young
needs of vulnerable young people. These services people develop confidence as well as the
include special educational needs support and communications, social and emotional skills that
outreach, educational psychologists, social workers, they need to build successful relationships with
education welfare officers, the child and adolescent their peers and adults, cope with peer pressure
mental health service (CAMHS) and health workers. and, in the longer term, succeed in the workplace.
Local authorities are now legally required to secure
6.12 We are keen that these services should
young people’s access to positive leisure time
increasingly work together as multi-agency teams,
activities, including extended schools services and
to provide joined-up support and early intervention
‘youth services’ as well as the wider range of sports,
– and indeed we are committed to have such
cultural and leisure activities and facilities provided
‘targeted youth support’ arrangements in place for
by public, private and third sector organisations.
at risk teenagers in all local authorities by the end of
The legislation also requires local authorities to
2008. This work should be led by Children’s Trusts.
publicise to young people information on positive
6.13 These reforms offer huge potential for a step activities and take account of their views on
change in the quality of specialist support available current provisions, including whether they think
for young people. It is essential that schools, Pupil there is a need for any new activities and facilities.
Referral Units and alternative providers are fully
6.15 Local authorities and their third sector partners
alert to the benefits to be obtained from these
will be supported to fulfil these duties by over £700
services and that they are ready to step up to meet
million investment and new reforms introduced by
their own responsibilities as identifiers of need, as
the Government’s ten year strategy for positive
commissioners of provision and as sponsors

46
Back on Track A strategy for modernising alternative provision for young people

activities, ‘Aiming high for young people’, which was relationships between effective third sector
published in July 2007. Statutory guidance on the providers and commissioners. The following
‘positive activities’ legislation makes clear the pathfinder illustrates how the YSDF will support
Government’s expectation that local authorities will the expansion of alternative provision delivered by
focus resources, including those introduced by the third sector:
‘Aiming high for young people’, on improving
Case study – UK Youth
participation amongst the most vulnerable and
disadvantaged young people, as well as to make UK Youth runs courses and programmes that
sure that they can influence decision making offer accredited learning outcomes for young
processes. We believe that pupils who attend Pupil people that are disengaged from mainstream
Referral Units will be amongst those who will education. They aim to build skills that will
benefit most from participation in positive activities, remain useful throughout the lives of the young
and that local authorities should ensure that they people they work with. They will use YSDF
make best use of the trained professionals and funding (£4.093 million over the next 3 years) to
supportive environment of the Pupil Referral Unit to set up 10 Youth Achievement Foundations
help young people find out about local activities which will provide non formal alternative
and provide the advice and support they will need learning and support services, based on UK
to participate. Youth’s established curriculum, putting young
people at risk from exclusion or are NEET back
6.16 Through Aiming High, we acknowledged that
on the path to success.
the most effective third sector organisations often
lead the way in engaging marginalised young
people, including those young people that require Targeted Youth Support –- transforming
alternative provision, but that many organisations services for vulnerable young people
struggle to sustain their provision or to expand their
6.18 Targeted Youth Support reforms, led by
services to a greater number of young people.
Children’s Trusts working closely with partners
6.17 We have therefore committed to invest up to including schools, Pupil Referral Units, health
£100 million over the next three years through a service providers, voluntary and community service
new Youth Sector Development Fund (YSDF) to providers, police and community safety, build on
support third sector organisations that can the changes already under way in young people’s
demonstrate effective approaches to engaging services, in response to the Every Child Matters
and empowering young people, particularly the agenda. Local services are being brought together
most disadvantaged. The funding will provide a and are developing common approaches to
mixture of large and small grants and expert identifying vulnerable young people early on,
business support to help these organisations assessing their needs and providing integrated
sustain and grow their provision so that more support to help them quickly and effectively
young people can benefit from the activities and before their problems escalate.
provision they offer. The YSDF will be managed by
6.19 The focus on prevention and early intervention
an external body, a key role of which will be to
will help to ensure that young people will
support third sector organisations to become
increasingly have swift and easy access to targeted
commissioning ready and to broker beneficial
and specialist services as their schools move

47
Back on Track A strategy for modernising alternative provision for young people

towards providing the extended schools core offer. per cent are without statements and 13 per cent
In addition, Targeted Youth Support helps schools have statements. Ofsted report that “in too many
to work in partnerships to improve young people’s cases, local authorities placed pupils who had
behaviour and attendance. It helps schools and statements of special educational need in pupil
Pupil Referral Units access the right support at the referral units which were unable to meet their special
right time and provides a clear route of referral to needs14”.
specialist services. Through early identification and
6.21 Pupils can only be admitted to the roll of a
intervention in universal settings, Targeted Youth
special school if they have a statement of Special
Support aims to tackle issues such as persistent
Educational Needs or in other specified
absenteeism, poor emotional health and well-being,
circumstances15. Local authorities can arrange for
substance misuse and teenage pregnancy.
some or all of a child’s special educational
provision to be made other than at school and this
Alternative provision and special schools can include a Pupil Referral Unit16. We believe that
6.20 Around 75 per cent of pupils in Pupil Referral alternative provision for pupils with Special
Units have Special Educational Needs. Of these 62 Educational Needs could be more effective if

Case study – special schools with Power to Innovate Orders


Two special schools currently have a Power to Innovate Order enabling them for a period of 3 years to
admit non-statemented pupils who would more usually be admitted to a Pupil Referral Unit or other
types of alternative provision. They are New Woodlands School (Lewisham) and Harbour Special
School (Portsmouth). The Orders came into effect in October 2007 and December 2007 respectively.

Both schools see real benefits in having the services and provision to support the continuum of need
for children and young people combined under a single management and governance structure,
including:
ll a more coherent service for children, young people and their families;
ll better matching of children’s needs to provision;
ll deploying staff with different and varied skills more effectively;
ll sharing best practice; and
ll improving inclusion targets by ensuring that pupils return to mainstream school in a supported,
planned and timely manner.

In addition, the schools consider that this kind of management structure should lead to decisions
regarding placement/provision to be made more quickly and more efficiently, thereby reducing the
length of time some young people currently find that they are out of school awaiting placement.
Benefits also include reduced numbers of points of contact for external agencies thereby facilitating
improved multi-agency working.

14 Annual Report of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills 2006/07
15 Where pupils are admitted for the purposes of assessment; following such assessment; following a change of circumstances; or where the school in
question is a hospital school – all under section 316A of the Education Act 1996
16 Section 319 of the Education Act 1996

48
Back on Track A strategy for modernising alternative provision for young people

Pupil Referral Units worked more closely with first. Local authority officers, working with parents,
special schools or mainstream schools with should draw up reintegration plans for
designated units, where these exist locally. permanently excluded pupils at an early stage but
There is particular scope for useful partnership we recognise that reintegration to school is not
working with special schools for pupils with the best outcome for some pupils. Some pupils
Behavioural, Emotional and Social Difficulties, since may benefit from an early start in a further
the skills and knowledge required to support such education college or other setting. But where
pupils are similar to what is needed in Pupil previously excluded pupils are to be reintegrated
Referral Units. While there are many pupils in Pupil to mainstream schools, we believe that it is fairer
Referral Units without Special Educational Needs for them to be shared across schools in an area
and many pupils in special schools who are not rather than concentrated in one or two schools
presenting challenging behaviour, there is a which may already be under pressure.
substantial overlap in pupil population. This joint 6.24 We expect all schools to take their fair
working should facilitate the reintegration of share of challenging pupils, but only where
children with special educational needs from Pupil pupils are ready for reintegration into the
Referral Units into school. Pupil Referral Units and mainstream. Many In Year Fair Access Protocols are
special schools operate under separate legal managed by local panels, sometimes involving
arrangements, although there are some examples other local agencies, and operate according to
of special schools also providing a service along locally agreed criteria. Some operate a simple “one-
the lines of a Pupil Referral Unit, using a Power to in, one-out” system while others have agreed more
Innovate. We plan to explore further the scope for complex arrangements which support this
effective joint working between Pupil Referral Units reciprocal approach and take account of particular
and special schools, as part of our proposals to circumstances such as whether a school is in
pilot innovative approaches, set out in Chapter 7. special measures, parental preference and local
geography. There are no national rules. The details
In Year Fair Access Protocols of protocols are for local agreement. But no school
6.22 All local authorities are required by the School in any circumstances should be required or
Admissions Code to have an In Year Fair Access pressured into taking a pupil who is not ready to
Protocol in place to ensure that access to return from permanent exclusion, and no school
education is secured quickly for children who have should ever be expected to take more than a fair
no school place, and to ensure that all schools in share of pupils who have previously been
an area admit their fair share of children with permanently excluded from any school.
challenging behaviour. All schools and academies
6.25 We know that some areas offer additional
must participate in their local authority area’s
funding to schools taking in previously
protocol in order to ensure that unplaced children,
permanently excluded pupils to provide support
especially the most vulnerable, are offered a place
for their reintegration to mainstream. We recognise
at a suitable school as quickly as possible.
that such support can be crucial to the successful
6.23 We do not expect all permanently excluded reintegration of young people, but this is an issue
pupils to be reintegrated to a mainstream school. for local agreement between the local authority
Their behaviour and readiness need to be assessed and the schools in its area.

49
Chapter 7:
Learning from the best and
supporting innovation

We want to take the opportunity to pilot different ways of making educational provision for
young people out of school that is focused on attainment and meeting their wider needs.
We will:
ll learn lessons from innovative practice already in place;
ll invite local authorities and schools to run up to 10 pilots to test a range of models to deliver
alternative provision (£26.5 million is available to support these pilots);
ll strongly encourage voluntary/private sector providers to engage with local authorities and
schools in the pilots; and
ll use findings from pilots to encourage innovative effective practice and to inform legislation
to require local authorities to replace failing Pupil Referral Units with a specified alternative.

Building on what works Testing a range of models


7.1 We want to build on what works best and to 7.2 But we are also keen to test a range of
explore innovative ways of meeting the models to deliver alternative provision focusing on
educational needs of some of our most vulnerable management and accountability arrangements,
groups of children and young people in out of and encouraging more diversity through seeking
school settings. We are aware of a number of private and voluntary sector provision. We will
radical ways of arranging provision for pupils therefore invite local authorities and schools to run
beyond school and want to learn lessons from up to 10 pilots to test a range of models to deliver
innovative practice already in place. We will alternative provision. We plan to establish up to
therefore invite bids from local authorities for us to 10 pilots by September 2009, including 3 to start
evaluate their practice, feed this back to them and by December 2008.
disseminate effective practice more widely. This
7.3 A total of £26.5 million is available over the
will give them an opportunity to showcase their
next three years to fund pilots, of which £22 million
practice and evaluation evidence will support
is reserved for capital expenditure. We are inviting
them in making further improvements.
local authorities and schools to bid to run
pilots and this invitation can be found at
www.dfes.gov.uk/exclusions/alternative_provision_
policies/index.cfm. We need pilots to be

50
Back on Track A strategy for modernising alternative provision for young people

sustainable beyond the pilot period if they are pupils at risk of exclusion, pupils with emotional
successful. As alternative provision is funded by and physical health needs, primary pupils, etc) who
schools and local authorities rather than directly by need to be better served than is currently possible
the Department we are restricting bids to them. within existing provision.
However, we will strongly encourage voluntary/
7.6 We are also keen to encourage other
private sector providers to engage with local
innovative approaches not covered above.
authorities and schools in the pilots. We intend
We intend that one or more pilots should run in a
to publicise the opportunity presented by pilots
local authority that has had a failing Pupil Referral
widely to enable providers to work with local
Unit for more than 12 months so that we can test
authorities in putting together bids.
options in these circumstances. We would also like
7.4 We envisage that the alternative provision one or more pilots to provide preventative support
pilots would include: for pupils in local authorities that have high levels
ll
of permanent exclusion and whose Pupil Referral
single schools, including special schools and
Units may lack the capacity for much proactive
academies, running Pupil Referral Units jointly
work. We would expect this to be supported by
with or on behalf of local authorities;
the school behaviour partnership’s commitment
ll groups of schools, e.g. school partnerships to work together to reduce the need for
running Pupil Referral Units jointly with or on permanent exclusion.
behalf of local authorities;
7.7 Success criteria will be based on the existing
ll local authorities to contract with school criteria for school effectiveness used by Ofsted in
governing bodies the provision of section 19 its inspection of Pupil Referral Units and schools,
education for local children and young people; which are the overall effectiveness of the school;
ll Pupil Referral Units sharing sites and resources achievement and standards; quality of provision;
of local schools and managed by local schools; and leadership and management. We will evaluate
ll
the pilots and share best practice with our
external providers of alternative provision
partners. Evaluation should include baseline
(private and voluntary sector) running Pupil
assessments on entry to provision; tackling
Referral Units jointly with or on behalf of local
underlying issues; impact of curriculum on
authorities;
participation; access in rural areas; effectiveness
ll special schools catering for pupils who would of partnerships with schools and local agencies;
normally attend Pupil Referral Units or other tracking progress including reintegration; and lines
types of alternative provision, and providing of accountability in innovative models.
outreach service to local schools; and
7.8 We are also proposing separately to develop
ll e-learning and “virtual” provision, particularly for pilot Studio Schools, offering an innovative
pupils who cannot attend school due to health enterprise-based curriculum designed to motivate
needs. students not engaged by a traditional, academic
7.5 Pilots need to make provision for a range of curriculum. Studio Schools aim to tackle pupil
pupil needs that reflect the diversity of pupils that disengagement and to provide general
access alternative provision. They could be employability and enterprise skills. They will be run
designed to cater for a specific pupil group (e.g. as groups of small businesses, closely linked to

51
Back on Track A strategy for modernising alternative provision for young people

particular industries, with young people as much 7.11 We will use findings from all of these pilots
workers as students, with those over 16 receiving a to encourage innovative effective practice and
wage. In addition to working in and running the to inform legislation to require local authorities
business, the students will participate in enterprise to replace failing Pupil Referral Units with a
projects, either consulting to local businesses or specified alternative. We plan to publish
starting up their own ventures. We would expect guidance to support legislation in 2009-10. We will
Studio Schools to offer a new option for all pupils disseminate effective practice through the
and to have a comprehensive intake of up to 300 Department’s website and through the National
young people. Strategies.
7.9 In contrast, Pupil Referral Units tend to be
smaller (typically 40-50 pupils), with a large part of
the provision concentrated on pupils who need
specialist help with learning, behavioural or other
difficulties. Studio Schools could provide a suitable,
preventative, alternative for some pupils who
might otherwise go into a Pupil Referral Unit, as
part of a spectrum of alternative provision available
to a local authority in addition to its Pupil Referral
Units. It is likely that students would opt into the
Studio School as part of their 14-19 choices, to
have some or all of their learning through the
innovative enterprise-based curriculum. The Studio
School approach is unlikely to be appropriate for
those pupils currently in Pupil Referral Units or
other alternative provision who have complex or
challenging needs.

7.10 We are looking to pilot a small number of


Studio Schools in late 2008 or 2009 depending
upon the readiness of local authorities to engage
with this new approach to alternative provision.
We will ensure that proposals consider the
relationship between Studio Schools and other
forms of alternative provision. We will look to
monitor the progress of pupils who might
otherwise have been sent to a Pupil Referral Unit,
and compare these with the outcomes of other
pupils referred to Pupil Referral Units or other
alternative provision.

52
Chapter 8:
Delivering change

We will work in partnership with local authorities and schools to deliver a step change in the
quality of alternative provision. Drivers of change will be:
ll the publication of performance data;
ll the introduction of personalised education plans;
ll Ofsted inspections of local authorities and individual alternative provision providers;
ll the new national provider database to support smarter commissioning;
ll our plans to make behaviour partnerships mandatory;
ll the new powers for the Secretary of State to require local authorities to replace failing Pupil
Referral Units with a specified alternative and to hold competitions for their replacement;
and
ll our pilot programme to spread innovation and test best practice.

We will also work with local authorities to provide additional support at the strategic level
through the National Strategies.

We also intend to drive forward our strategy through:


ll improving support for the workforce;
ll improving accommodation;
ll promoting closer partnerships between alternative provision, mainstream and special
schools, and local authority support services; and
ll legislating on a new name for Pupil Referral Units, to signal a step change improvement.

8.1 Delivering the vision set out in this White personalised education plan, alternative provision
Paper will require an ambitious programme for a will be better able to meet the diverse needs of
transformation in the quality of alternative some of our most vulnerable young people.
provision. By putting the needs of children and
8.2 The Government’s role is to set out a clear
families first through the provision of a
vision and framework for the future direction of

53
Back on Track A strategy for modernising alternative provision for young people

alternative provision; to monitor outcomes to for the leadership and workforce. Together we want
ensure that the desired level of improvement to build a system that keeps young people engaged
actually happens and to support and challenge and on track, being ready to intervene early to
local authorities and school behaviour partnerships address issues before they reach crisis point.
in the process of delivering change.
8.5 The main drivers of change will be:
8.3 Many local authorities and providers of
1. The publication of performance data
alternative provision are doing excellent work in
which will improve accountability at
challenging circumstances. Many schools,
local authority and provider level, and
organised in behaviour partnerships, are working
improve the focus on outcomes. We
well with Pupil Referral Units and other providers
intend to monitor delivery by tracking
of alterative provision who are being engaged
closely the outcomes for young people
earlier to support school interventions before a
in alternative provision, as described in
pupil arrives at the point where permanent
Chapter 4, benchmarking the
exclusion is inevitable. These partnerships also
performance of individual authorities in
have clear processes for ensuring that alternative
similar circumstances and challenging
provision providers have good information from
those where performance is inadequate
schools about excluded pupils and for
in relation to their peers.
reintegrating pupils into the mainstream when
they are ready. A large number of schools are also 2. The introduction of personalised
using self-evaluation measures effectively in order education plans for young people in
to assess their progress and help plan next steps. Pupil Referral Units and alternative
There is thus a great deal of good practice on provision, with clear targets for
which to build. It will be important for us to work progression including reintegration to
in partnership with local authorities and schools to the mainstream where appropriate.
help them achieve a step change in the quality of A sharper focus on outcomes will
alternative provision, and of school partnership incentivise local authorities and
with alternative provision. alternative provision providers to
develop personalised education plans,
8.4 We will strengthen the role and capacity of
as set out in Chapter 2.
local authorities as commissioners of alternative
3. The introduction of a core educational
provision and as providers of Pupil Referral Units. We
entitlement for alternative provision,
will also expect schools to work in closer partnership
subject to consultation, covering the
with alternative provision, and to make more use of
curriculum offer, the right to full-time
alternative provision for early intervention. The
education and an information passport.
success of this strategy will depend critically on the
Our proposals and questions for
extent to which local authorities, schools, school
consultation are set out in Chapter 2.
partnerships and providers engage in an active
partnership to drive change forward. Other 4. Ofsted inspections of local
important success factors include the capacity of authorities and of individual
the alternative provision sector – their alternative provision providers. The
accommodation, facilities and the support available availability of performance data will

54
Back on Track A strategy for modernising alternative provision for young people

improve the evidence available to effectively, including in their role to


Ofsted in its inspections. We will also support school commissioning of
ask Ofsted to take account of the alternative provision as an early
number of failing Pupil Referral Units in preventative measure.
a local authority in its Comprehensive 8. Our pilot programme supported by
Area Assessments. £26.5m DCSF funding will demonstrate
5. The new national provider database new ways of providing alternative
will help to drive more informed provision and test best practice.
commissioning by providing local Chapter 7 sets out our plans for the
authorities with comprehensive pilot programme.
information about the range of
8.6 In addition to over £100 million each year on
providers in the market place, what
behaviour support services, local authorities
they offer and what they cost. This will
already spend over £410 million each year on
encourage local authorities and schools
educating pupils in Pupil Referral Units and other
to consider using a wider range of
alternative provision. Over the past four years, this
providers. Our plans for the database
figure has risen significantly in comparison with
are explained in Chapter 3.
the total school budget17. The cost of educating a
6. The new powers for the Secretary of pupil in a Pupil Referral Unit is around £15,000 a
State, as set out in Chapter 4, will help year for a full-time placement18, compared with
to drive up standards by increasing around £4,000 in a mainstream school. We need to
competition for existing Pupil Referral improve returns on this investment by driving a
Units from other alternative provision greater focus on outcomes, and by ensuring that
providers. We intend to strengthen the alternative provision comes in to play earlier in a
powers to intervene when Pupil Referral troubled pupil’s journey, so that better value can
Units fail, and will take powers to be obtained by using earlier lower-cost
require a local authority to hold a interventions.
competition to find the best provider
8.7 We accept that the capacity of local
and to replace a failing Pupil Referral
authorities to drive change will vary. Those
Unit with a specified alternative.
authorities with the furthest distance to travel may
7. Our plans to make behaviour often be those with the least capacity to improve.
partnerships mandatory will help to We therefore recognise that support at the
integrate Pupil Referral Units and other national level will be needed too, and we will
alternative provision into a whole do this by:
system of support for young people ll making available £26.5m funding for pilots to
and strengthen collaboration between
explore innovative ways of offering alternative
schools and alternative provision. The
provision and disseminating the results of those
National Strategies will support and
pilots to enable authorities to drive up quality in
develop partnerships to work
the most cost-effective ways;
17 The Pupil Referral Unit spend as a percentage of total school budget rose from 0.74% in 2003-4 to 0.94% in 2007-8.
18 Figure taken from Section 52 returns and school census.

55
Back on Track A strategy for modernising alternative provision for young people

ll providing additional support at the strategic ll promoting closer partnerships between


level, through the National Strategies, for those alternative provision, mainstream and
local authorities which need advice and special schools, and local authority support
guidance on the most effective practice in services. We believe that closer partnership
driving through change and in commissioning working will be a key part of driving forward our
alternative provision; strategy. We will encourage partnerships
ll collecting and making available to local between alternative provision, Pupil Referral
authorities data on educational outcomes for Units, mainstream and special schools; access
young people in their area, enabling them to to 14-19 consortia to enable a collaborative
compare the performance of different providers approach to commissioning provision and
and thereby to become more effective teaching young people across an area; and
commissioners of provision; support from other services (such as targeted
youth support).
ll asking the National Strategies to go further in
identifying and disseminating examples of good 8.9 We recognise that the name “Pupil Referral
practice; and Unit” is not widely used, and Chapter 1 commits to
consulting and legislating on a new name which
ll providing guidance on effective planning and
better describes these local authority schools, to
commissioning of alternative provision.
signal a transformation that we believe is
8.8 Chapter 5 sets out our plans to drive forward necessary.
our strategy through:
8.10 We are committed to working with our key
ll improving support for the workforce to partners to deliver this strategy. How well we
engage, motivate and inspire the most difficult deliver our plans will be crucial to their success.
pupils, by ensuring that staff in Pupil Referral We must work together to drive forward this work.
Units have the right pay and conditions; And we must spread excellence through the
promoting CPD for staff working in Pupil system for the sake of this group of young people.
Referral Units and other alternative provision;
and providing better support for Pupil Referral
Unit leaders through the National Programme
for Specialist Leaders of Behaviour and
Attendance;
ll improving accommodation. We expect that
the Building Schools for the Future programme
should include refurbishing or building new
premises for Pupil Referral Units, and it is already
our intention to build or refurbish all Pupil
Referral Units to the same timescale as
secondary schools; and

56
Annex 1
Implementation timeline

2008 May White Paper – Back on Track: modernising alternative provision for
young people – Launch

September Alternative Provision database – Launch

December First 3 pilots for enhanced PRU / alternative provision – Start

Guidance on individual education plans for pupils not at school

2009 January PRU attendance data collection – Start

Spring Publish PRU attendance data

September 10 Pilots now running

Legislation comes into force


ll Power to direct LAs to replace failing PRUs

ll (possible Basic Skills curriculum for PRUs)

ll School partnerships mandatory for secondary schools, PRUs and


future academies (through their funding agreements)

2010 January Performance data for pupils in PRUs and alternative provision –
publication

57
Annex 2
Legal and financial framework
for Pupil Referral Units and
alternative provision
Legal framework Since February 2008 local authorities have been
Section 19(1) of the Education Act 1996 requires required to set up a management committee for
each local authority to make arrangements for the each Pupil Referral Unit or group of Pupil Referral
provision of suitable education at school or Units. Membership of management committees
otherwise than at school for those children of comprises key stakeholder groups: local authority,
compulsory school age who, by reason of illness, staff, parents and community members.
exclusion from school or otherwise, may not for Management committees could include all or
any period receive suitable education unless such some of the head teachers and other senior staff of
arrangements are made for them. Since September schools in an area served by a Pupil Referral Unit as
2007, local authorities have been further required community members, who would be in a majority.
to provide suitable full-time education for Only a local authority can set up and run a Pupil
permanently excluded pupils from the sixth day Referral Unit. A school, group of schools, or other
of exclusion. organisations cannot do this. The local authority
Most local authorities arrange such provision in can delegate functions “within its own
Pupil Referral Units. A Pupil Referral Unit is defined organisation” to local authority executives and
by section 19(2) of the Education Act 1996 as any officers but cannot delegate functions to a group
school established and maintained by a local of head teachers for example. Contracting out
education authority which is specially organised to arrangements prohibit local authorities from
provide education for the groups of children listed contracting out managing Pupil Referral Units to
in the paragraph above. Pupil Referral Units are third parties, including other schools. It must
therefore legally a type of school. Their small size, remain a local authority function.
rapidly changing roll and the type of pupils they Although local authorities can meet their section
teach mean they are not subject to identical 19(1) duties through establishing and maintaining
legislative requirements that apply to mainstream Pupil Referral Units they are not obliged to do so. A
and special schools. A Pupil Referral Unit must, few local authorities do not have any Pupil Referral
however, have a special educational needs policy Units. Education can be provided by voluntary or
and appropriate Child Protection procedures in private sector “alternative provision” providers to
place. supplement more general Pupil Referral Unit
support or in some cases as an alternative to local
authorities running a unit. Some local authorities

58
Back on Track A strategy for modernising alternative provision for young people

have a small proportion of children educated Where settings which are not subject to Ofsted
under section 19 in Pupil Referral Units while inspection are used to deliver alternative provision
commissioning places for the majority from it is the responsibility of contractors (e.g. local
external providers. authorities and governing bodies) to satisfy
themselves that the education is of good quality
Pupil Referral Units are subject to regular
and that the proprietors of these settings meet all
inspection by Ofsted under section 5 of the
relevant legal obligations.
Education Act 2005 and are treated similarly to
other schools. The central principles for
Funding Pupil Referral Units and alternative
recognising and judging the quality and standards
provision
of schools apply to schools of all types and sizes.
Costs of running Pupil Referral Units are met by
However all school inspections, including
local authorities and much contracted alternative
inspections of Pupil Referral Units, are tailored to
provision is also funded by local authorities to
some extent depending upon the type and
meet their legal duties in respect of permanently
particular circumstances of the school. Indeed
excluded pupils and others without a school place.
inspections take account of what schools know
Schools also increasingly commission alternative
about themselves, their self evaluation, and are
provision direct. Statutory arrangements require
tailored to the context, character and performance
local authorities to make pro-rata deductions from
of individual schools. This approach is particularly
schools on permanent exclusion to enable money
important for Pupil Referral Units and reflects the
to follow the pupil and pay towards the cost of
diversity of provision for pupils with various types
suitable full-time education. Regulations also
of need.
enable local authorities to recover further money
Schools operating in the independent and from schools to recognise that post-exclusion
voluntary sector and offering full-time education provision costs more than mainstream education,
for five or more pupils of compulsory school age or arranged locally through the Schools Forum.
where one or more such pupils has a statement of Elsewhere this is met from the centrally retained
special educational needs or is in public care must element of the Schools Budget. No such
register as an independent school, and be subject arrangements apply to pupils referred to local
to inspection by Ofsted authority funded provision for preventative work
The Education and Skills Bill introduces a new or other reasons.
definition of ‘independent educational institution’, Some local authorities encourage schools to adopt
which includes independent schools and other preventative strategies by charging them for the
educational institutions which offer education for a higher costs of making provision for excluded
minimum of 12.5 hours a week for primary age and pupils and offering preventative places free or at a
15 hours for secondary age pupils for at least 28 much lesser cost. A number of models have been
weeks in an academic year. The new definition is devised to facilitate this. Some local authorities that
intended to capture settings which are the main do not charge schools beyond the basic statutory
provider of a child’s education and which deductions have found that permanent exclusions
otherwise would not be subject to any regulatory continue at a high level. School behaviour
or monitoring framework. partnerships, working with the Schools Forum, are

59
Back on Track A strategy for modernising alternative provision for young people

well placed to discuss how funding arrangements


between local authorities and schools can provide
schools with access to provision and help to
reduce the need for permanent exclusions. In
some areas, local authorities have delegated
substantial amounts of funding with the
expectation that schools can use the money more
creatively and this has led to some dramatic
decreases in the need for permanent exclusion.
Permanent exclusions have been reduced to or
very near zero in North Lincolnshire, North
Tyneside and St Helens by adopting such
approaches. As discussed in Chapter 3, in addition
to funding considerations, it is important that
schools in an area discuss and agree with the local
authority, the overall need for alternative provision
and how it should be funded.

60
Annex 3
Pupil Referral Units (PRUs)
and Alternative Provision
Letter from Sir Alan Steer to
Ed Balls, Secretary of State for Children, Schools and Families

Dear Secretary of State expectations raises doubts about the long term
In your remit letter to me in April, you asked me to sustainability of good practice where it exists.
bring a practitioner perspective to the
development of the planned White Paper on Key concerns
alternative provision and Pupil Referral Units. ll A history of a lack of a national strategy.
The very tight timescale for this work has limited ll Lack of information and data. There is
the scope for me to consult colleagues extensively insufficient information available regarding this
or to research as widely as I would have wished. sector. This makes strategic planning difficult at
However, I have had the benefit of two very useful a national level. Within local authorities, this lack
meetings – one with the Secondary Heads appears to result in many instances in a low
Reference Group and the other with a specially sense of accountability and a poor level of
convened group of practitioners (from mainstream provision.
schools, Pupil Referral Units and local authorities). I ll Absence of a national minimum standard of
have received excellent advice and support from
provision for local authorities. While there is a
the Department. I have also found it helpful to
need for local authorities to have the
refer to two recent papers on this area.
opportunity for creative solutions regarding
ll Research and Evaluation of the Behaviour provision, the absence of a minimum standard
Improvement Programme – Professor Susan can result in poor provision and the needs of
Hallam, DfES 2005 children being neglected.
ll Towards Zero Exclusion – IPPR 2005 ll Low expectations for children attending some
Pupil Referral Units and some alternative
The scale of the problem provision. ‘Less than half PRU pupils gain a
Within the system there are some examples of single GCSE.’ (Towards Zero Exclusion, IPPR 2005).
excellent practice. There is also evidence that there ll Insufficient focus on the children attending
has been some rise in standards, probably as a Pupil Referral Units and alternative provision
result of inspection. However, the overall picture is and insufficient focus on the outcomes
one to give concern. There is a lack of consistency achieved within such provision.
within local authorities and between local
authorities and the lack of national systems and

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Back on Track A strategy for modernising alternative provision for young people

ll Insufficient places in Pupil Referral Units, with inappropriately re-introduced to mainstream


the result that early intervention work often schools. Some pupils will need alternative
cannot take place. In many areas a child can provision for a short period, and some (for example
only gain admittance to a Pupil Referral Unit in Key Stage 4) may need to leave mainstream
through permanent exclusion. schools for good.
ll Generally, Pupil Referral Units do not appear to
be supported by integrated services such as The White Paper and beyond
health and social services. I am impressed by the vision and focus contained
in the discussion document which was circulated
ll Child and Adolescent Mental Health Services
as part of the preparation for the White Paper. It is
(CAMHS). Variable standards affect Pupil Referral
aspirational, but if implemented would do much to
Units and in mainstream schools hinder early
address the issues in this sector. I felt that it was
intervention. (ASCL survey 2008)
entirely consistent with the Children’s Plan.
ll Difficulties in recruiting sufficiently skilled
I am aware that there are already a number of
leaders and other staff for Pupil Referral Units
initiatives taking place which are highly relevant to
and alternative provision. There is a lack of clear
these matters. These need to be evaluated so that
career progression for staff and they often work
findings can influence national policy.
in isolation from mainstream colleagues.
ll Lack of local behaviour partnerships between Key issues for the White Paper
Pupil Referral Units and mainstream schools. The following represent my main conclusions –
This contributes to a number of problems, of endorsed by the practitioner colleagues I
which the most significant may be lost consulted – about the issues which the White
opportunities for re-integration into mainstream Paper needs to address.
where this is possible.
1. National minimum expectations. This seems to
I am clear that it is in the interests of the whole me to be the central issue. There needs to be a
community for all schools to cooperate to improve powerful lever for change and any minimum
behaviour and to manage exclusions. No school expectations should be monitored through
should be able to exclude its pupils without regard inspection. These would cover a wide range of
to the consequences for other local schools, issues regarding provision. I would like these to
otherwise some schools will end up with an include the number of hours of education/
unreasonable share of previously excluded pupils. training a child should receive. Currently there
Because of this, I believe all schools should operate are examples of very poor practice. I would also
on the basis that when they permanently exclude like to see minimum standards regarding the
a pupil, they should expect at some time in the length of time a child should wait until being
future to accept a pupil who has been excluded appropriately placed and the length of time for
from another school. This is not a crude ‘one in the engagement of support services such as
one out’ system. No school should take a pupil CAMHS. Full implementation of the Common
who is not ready to return from permament Assessment Framework will assist here. My
exclusion, to protect children and staff in practitioner colleagues were particularly
mainstream schools from violent pupils being supportive of these ideas.

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Back on Track A strategy for modernising alternative provision for young people

2. Early intervention. We need to address the issues the low levels of outcomes achieved by many
in Pupil Referral Units and alternative provision, pupils in alternative provision. I welcome the
but we also need to work to reduce the need proposals in the discussion document to raise
for those services. Some of the children who levels of accountability. ‘Virtual School Heads’,
come out of mainstream could have been which is the pilot initiative for children in care,
retained, had better support been given at an may produce useful case studies on how this
early stage. I remain convinced that extended could be further advanced.
school based support systems – including
5. Pupil Referral Unit capacity. There appear to be
psychiatric social workers, nurses, parent
problems in all regards concerning capacity.
support advisers – are essential if Every Child
The pressure on places due to permanent
Matters aspirations are to be realised. Pupil
exclusion is such that there is often no capacity
Referral Units cannot assist in early intervention
for short term intervention work. When
unless they have the capacity in skills and space.
commissioning alternative provision,
3. Information flow and analytical data. Professor consideration could be given to identifying
Hallam refers to the absence of data for Pupil places that were specifically for short term
Referral Units and alternative provision. In my placements, though without an effective
view this reflects the low priority given to this partnership between schools it might prove
service. Better data collection and analysis difficult to keep these places for that purpose.
would assist strategic planning at national and There is also a need to create capacity in the
local levels and prevent poor provision being skills present among Pupil Referral Unit staff. It
tolerated. Headteachers express concerns would be helpful if all Units had a psychiatric
regarding the inadequate information they nurse, or psychiatric social worker. These staff
receive on vulnerable/challenging pupils and would provide support for the pupils and be a
the delays in receiving that information. As a source of guidance to other schools in the
result children can be left for lengthy periods partnership. Creating a climate where Pupil
with inadequate provision while their new Referral Units were respected as being a source
placement is being processed. Consideration of expertise would be very beneficial.
could be given to producing a standardised
Leadership capacity is crucial. Where good
information passport that accompanied a child
provision currently exists it often derives from
from the moment of referral, or exclusion.
the presence of inspirational leadership. Such
Excluding/referring schools could be given a
dependency raises worries about sustainability.
duty to participate in an initial case conference
It is likely to prove difficult to recruit sufficient
in order that they contribute to the drawing up
high quality people to lead an expanded
of a pupil education plan. The Common
service. Consideration may need to be given to
Assessment Framework is again relevant here.
imaginative ways to address this problem
4. Accountability and outcome focus. In some areas
including the recruitment of leaders from other
Pupil Referral Units and alternative provision than an educational background.
appear to be a forgotten service where there is
The above points were particularly emphasised
little accountability. In my view this is
in my discussions with practitioner colleagues.
unacceptable and is a major factor in causing

63
Back on Track A strategy for modernising alternative provision for young people

6. Differentiated need. It appears to me that there is I hope that these comments will prove useful in
far too little differentiation in provision. developing the thinking in the discussion
Vulnerable children can be placed with others document for your planned White Paper. I believe
who are displaying serious criminal tendencies. strongly that reform in this area is urgently needed
Children with specific needs can be neglected and I wish you success in delivering a
as a result of a one size fits all approach. transformation in the quality of alternative
Differentiation needs to take place according to provision.
age and aptitude. At Key Stage 4 it might be
sensible to accept that successful re-integration
into a mainstream school is unlikely and that a Sir Alan Steer
good quality long term provision is necessary. May 2008
For many Pupil Referral Unit pupils, the ‘studio
school’ concept would offer an exciting
opportunity. Others will be capable of following
a more traditional academic curriculum. For
many younger pupils re-integration into
mainstream should be an expectation while
accepting that for many, this may not be
appropriate.

7. The name “Pupil Referral Unit”. In my discussions


with other practitioner colleagues, a number of
people raised the question of finding a new
name for Pupil Referral Units. They suggested
that the existing name is outdated, associated
with poor quality and suggests a ‘one size fits all’
approach to diverse needs. A new name would
signal a new commitment to transforming the
quality of this sector. I believe that it would be
helpful to consider a new name to signal the
transformation in your thinking.

64
Annex 4
Consultation questions
We would welcome a response to the following ll How can we ensure that individual pupil plans
questions by Friday 25 July 2008. Please would you become standard practice for a child educated
send responses to Tim Youlden by email to in a Pupil Referral Unit or in alternative
timothy.youlden@dcsf.gsi.gov.uk or by post to provision? (see paragraph 2.19)
Department for Children Schools and Families, ll Should there be a prescribed minimum core
Improving Behaviour and Attendance Unit,
entitlement for pupils in Pupil Referral Units and
Sanctuary Buildings, Great Smith Street, London,
alternative provision, and if so, how such a
SW1P 3BT.
minimum entitlement might be specified?
ll What new name should we use for Pupil (Please see suggested examples in
Referral Units which better describes these local paragraph 2.26)
authority schools to signal a step change ll What minimum hours of education and training
improvement? (see paragraph 1.14)
should be available to pupils in alternative
ll We are considering the case for developing a provision? (see paragraph 2.27)
standardised information passport that ll How quickly should a pupil be placed in
accompanies a child from the moment of
alternative provision and how long should they
referral, or exclusion. We would welcome views
be allowed to engage any support services that
on this, in particular what information should
they may need? (see paragraph 2.28)
this contain and what time limits should be set
for information transfer? (see paragraph 2.13)
ll What should a personalised education plan
contain, who should be involved in drawing it
up, and how often should it be reviewed? We
would also welcome any good practice
examples. (see paragraph 2.17)

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