Home education news

Unregistered alternative provision: what home-education families should check

Before accepting a placement, clarify whether it is parent-arranged EHE, school or local-authority alternative provision, or EOTAS/EHCP provision — then get responsibility, safeguarding and review arrangements in writing.

Start with the checklist Compare EHE, AP and EOTAS

24,325

children in unregistered AP in England in 2023/24

27,091

unregistered AP placements reported for England in 2023/24

potential illegal-school settings identified in England

Editorial

Lead authorRobin GibbonsFounder & CEO·Latimer Tuition
Reviewed byHeather LatimerTutor Matching & Customer Service·Latimer Tuition
Published15 June 2026
Last reviewed15 June 2026

Current answer

Quick answer: check who is responsible before you agree

Unregistered alternative provision is not automatically illegal, and it is not the same thing as elective home education. The first practical question is: who arranged and pays for the provision — the school, the local authority, or you as the parent?

In England, DfE guidance describes alternative provision as education arranged by schools or local authorities for children who cannot attend mainstream or special school, or who need education off site. The same guidance says EHE and EOTAS “are not a form of alternative provision”.

That difference matters. If a school or local authority commissions AP, DfE guidance says oversight “always rests with the local authority or school” that commissioned the placement. They should keep responsibility for safety, suitability, attendance, safeguarding and review. If you arrange a tutor, group or part-time setting privately as part of EHE, DfE EHE guidance says you remain responsible for your child receiving an “efficient full-time education suitable” to their age, ability, aptitude and any special educational needs.

Before your child starts, ask for the arrangement in writing: who is commissioning it, who pays, whether your child stays on roll, whether the setting is registered or why registration is not required, what safeguarding checks have been completed, what your child will learn, how attendance and progress will be reported, and how any EHCP or EOTAS arrangement is being handled.

Why this matters

Why unregistered AP is under scrutiny

The Children’s Commissioner for England reported that in 2023/24 there were 24,325 children in 27,091 unregistered alternative provision placements in England. The report also identified 91 unregistered AP settings operating as potential illegal schools, attended by more than 1,000 children. These are England figures, not UK-wide figures.

The Commissioner’s concern is not that every small provider is harmful. The report notes that some unregistered provision, such as one-to-one tuition, vocational settings or therapeutic provision, can be beneficial. The risk is the accountability gap: “no national register. No standardised inspection regime.” The report also warns there may be “no guarantee that staff are properly trained”.

The Commissioner calls for a national register, national safeguarding and education standards, and a clear inspection framework for unregistered AP providers. Those are policy recommendations, not a guarantee that those requirements already apply across the UK.

Key terms that change who is responsible

These terms are often used loosely. Before accepting any placement, pin down which one applies to your child.

Term	Plain-English meaning	Why it matters before accepting a placement
Alternative provision	Education arranged by a school or local authority for a child who cannot attend mainstream or special school, or who needs education off site for reasons such as exclusion, illness or other barriers.	If it is commissioned AP, the school or local authority should remain responsible for oversight and suitability.
Unregistered alternative provision	AP delivered by a provider that is not a registered school or college. DfE guidance says this provision is not subject to a national registration scheme or inspection framework.	Ask what due diligence has been done, who monitors safety and progress, and why independent-school registration is not required for this arrangement.
Elective home education (EHE)	Education chosen and arranged by parents outside school. Parents may use tutors, groups or part-time settings.	Using a provider as part of EHE does not transfer the parent’s duty to provide suitable full-time education.
EOTAS	Education otherwise than at school. In the England SEND context, it may be arranged where it would be inappropriate for a child with an EHC plan to receive provision in a school, college or other educational institution.	EOTAS is not parent-chosen EHE. The EHC plan and local authority duties can change who must secure the special educational provision.
EHC plan / EHCP	An Education, Health and Care plan is the statutory plan used in England when a child or young person needs special educational provision beyond ordinary SEN support.	Ask how the placement fits the plan, whether the plan needs review or amendment, and who will secure the specified provision.
Unregistered independent school / illegal school	A setting that is required to register as an independent school but operates without registration. Not every unregistered AP setting reaches this threshold.	The risk rises where a setting is providing full-time education to enough pupils, or to a pupil with an EHC plan or who is looked after.
Commissioner	The school or local authority that arranges and remains responsible for an AP placement.	Parents should know who pays, who receives attendance updates, who handles concerns and who reviews the placement.
Full-time education	Context-sensitive. For independent-school registration in England, DfE considers whether a setting provides all or substantially all of a child’s education and generally treats more than 18 school-day hours a week as full-time.	Do not rely only on the provider’s label. Ask how many hours and pupils are involved and whether the setting is the child’s main education.

EHE, AP, EOTAS and tutoring: what changes in practice

The safest way to avoid falling between systems is to identify the arrangement, the commissioner and the written plan.

Arrangement	Who usually arranges or pays?	Who remains responsible?	What should be written down?	Question to ask
Parent-arranged EHE	The parent arranges and usually funds the education.	The parent remains responsible for suitable full-time education.	Your own learning plan, timetable, records, tutor agreements and evidence of suitability can all help.	Does this provider supplement my EHE, or is someone else saying they are responsible for education?
School-commissioned AP	The child’s school arranges or commissions the placement.	DfE guidance says oversight of AP “always rests with the local authority or school” that commissioned it.	Placement objectives, roles, attendance reporting, safeguarding arrangements and review dates.	Will my child remain on roll, and who receives attendance, incident and progress updates?
Local-authority AP or section 19 education	In England, the local authority may arrange suitable education for a compulsory-school-age child who otherwise would not receive it because of exclusion, illness or other reasons.	The local authority remains the key public body responsible for the arranged provision.	The reason for the placement, the education plan, expected hours, review process and reintegration plan where relevant.	Is this being arranged under the local authority’s duty, and when will it be reviewed?
EOTAS / EHCP provision	The local authority and EHC plan process are central where education otherwise than at school is agreed for a child with an EHC plan.	The local authority may need to secure the special educational provision specified in the EHC plan, subject to the SEND Code of Practice and the facts of the case.	How the provision fits the plan, whether Section F and Section I need review or amendment, and who monitors outcomes.	Is this EOTAS, AP named in a plan, or parent-chosen EHE?
Private tutor or part-time group	Usually the parent.	Usually the parent, if it is part of EHE.	Tutor checks, safeguarding arrangements, learning aims, attendance, progress notes and costs.	Is this genuinely part-time support, or is the setting becoming the child’s main education?

Decision caveat

When an unregistered setting may become an illegal-school issue

In England, independent school registration may be required where a provider gives full-time education to five or more compulsory-school-age pupils, or to one or more such pupils with an EHC plan or who are looked after. DfE guidance also says there is no single legal definition of full-time education for this purpose. The key question is whether the setting provides “all, or substantially all, of a child’s education”; more than 18 school-day hours a week will generally be treated as full-time.

Running a setting that should be registered as an independent school, but is not registered, can be a criminal offence for the proprietor. That does not mean every unregistered AP setting is an illegal school. The issue is whether the facts meet the registration threshold.

When this advice is not enough

If a provider is offering most of a child’s education, has several full-time pupils, or has any compulsory-school-age pupil with an EHC plan or who is looked after, generic reassurance is not enough.

What to do instead

Ask the commissioner or provider to explain in writing why independent-school registration is not required. If the explanation is unclear, pause the placement and use the current official GOV.UK or DfE process for suspected unregistered independent-school activity before relying on old contact details copied online.

Checklist before accepting alternative provision

DfE alternative provision guidance says: “Objectives, plans, roles and responsibilities should be set out in writing”. Use that as your standard before your child starts.

Commissioner and funding

Who is commissioning and paying for the placement: the school, the local authority, or you?
School roll and EHE status

Will your child remain on the school roll, or are you being asked to deregister for elective home education?
Registration or inspection status

Is the setting registered or inspected as a school or college? If not, why is registration not required for this arrangement?
Hours, pupils and threshold questions

How many pupils attend, for how many hours, and are any pupils looked after or on EHC plans?
Written objectives and review date

What personalised plan, learning objectives, reintegration plan and review schedule are in place? For commissioned AP, reviews should happen at least half-termly.
Attendance and progress updates

Who receives attendance records, unexplained absence alerts, incident reports and progress updates?
Safeguarding checks

Who is the named safeguarding lead, and what written confirmation exists that appropriate staff checks have been carried out?
Curriculum and daily timetable

What will your child learn each day, how broad is the curriculum, and how will progress be measured?
Policies and premises

Can you see health and safety, behaviour, anti-bullying, complaints, data-protection, fire-safety and risk-assessment arrangements?
EHCP fit

If your child has an EHCP, how does the provision fit the plan, and who is responsible for securing the specified special educational provision?
Exit plan

What happens if the placement does not work, your child cannot attend, or the provider says they cannot meet needs?

Good signs, warning signs and reasons to pause

Good AP can be highly supportive. The concern is unclear responsibility, weak safeguarding assurance or a setting that appears to be providing substantial education without the right oversight.

Recommendation

Good signs

A named commissioner, written objectives, a personalised plan, clear attendance reporting, safeguarding policies, a named safeguarding lead, progress updates, a review date and a clear explanation of registration status.

Recommendation

Warning signs

No clear commissioner, vague answers on registration, no written plan, refusal to discuss staff checks, no attendance records, no progress reports, unclear EHCP responsibilities, or pressure to deregister without a clear explanation of the consequences.

Recommendation

Pause and ask again

Pause before starting if the arrangement would provide most of your child’s education but nobody can explain who remains responsible, how safeguarding has been checked, or why the setting does not need registration.

Recommendation

Keep the tone fair

Do not assume a small tutor, therapeutic provider or vocational group is unsuitable simply because it is not a school. The practical issue is whether it is safe, suitable, properly overseen and clear about what it is providing.

Decision caveat

If your child has an EHCP or may need EOTAS

If your child has an EHC plan, do not treat AP, EOTAS and EHE as interchangeable labels. The plan should specify the special educational provision your child needs, and the local authority’s duties may depend on whether provision is being arranged through the plan or chosen by parents as EHE.

DfE AP guidance says alternative provision can be named in an EHC plan, but that this is not common and should not be used simply because a special-school place is unavailable. If AP is proposed for a child with an EHC plan, ask whether the plan needs review or amendment, how Section F provision will be secured, who will monitor progress and what happens if the placement breaks down.

When this advice is not enough

This page cannot decide whether a particular EHCP should name a school, AP, dual placement, EOTAS package or parent-arranged EHE.

What to do instead

Ask the local authority SEND team for the written basis of the proposed arrangement and whether an annual review, early review or plan amendment is needed. In England, use EHCP/EOTAS wording carefully; Wales, Scotland and Northern Ireland use different systems and terminology.

Ask who is responsible before you agree

Adaptable message: ask for the arrangement in writing

When this applies

You have been offered alternative provision, tuition, a part-time setting or an off-site placement and need written clarity before your child starts.

Suggested wording

Hello, please confirm in writing who is commissioning and funding this provision, whether my child will remain on roll, how the placement fits any EHCP or support plan, what safeguarding checks have been completed, who will receive attendance and progress updates, what objectives have been set, and when the placement will be reviewed. Please also confirm whether the provider is registered or inspected as a school or college, or why registration is not required for this arrangement.

Why this helps

It creates a written record and asks the school, local authority or provider to state responsibility, safeguarding oversight and review arrangements before the child starts.

Support ladder

What to do if the answers are unclear or worrying

Move step by step. The aim is to keep your child safe and educated without making unsupported accusations about a provider.

At home
Pause before agreeing. Pause if there is no written plan, no named commissioner, no safeguarding lead, no review date, or no clear explanation of registration status.
At school
Ask the commissioner first. If a school or local authority arranged or funded the placement, ask them for written clarification because they should retain oversight of commissioned AP.
SENCO or specialist
Bring in the SEND team where relevant. For EHCP concerns, ask whether the EHC plan needs review or amendment and who will secure the specified special educational provision.
When to escalate
Treat immediate safety worries as safeguarding concerns. If you think a child may be at immediate risk of harm, use the safeguarding contact arrangements for the child’s area, or emergency services where there is immediate danger.

Use current official contacts for suspected illegal-school activity. For suspected unregistered independent-school activity, use the current official GOV.UK or DfE process rather than relying on old email addresses copied online.

Decision caveat

England source note and UK caveats

This article is written for UK parents, but the strongest legal and policy detail here is England-specific. The Children’s Commissioner figures are for England. The DfE and GOV.UK guidance used here for AP, EHE, independent-school registration and EHCP/EOTAS context also applies to England unless a source says otherwise.

Wales, Scotland and Northern Ireland have different education, home education, school-registration and additional-needs systems. Families outside England can still use the questions in this guide as a practical checklist, but should apply nation-specific official guidance before making legal or SEND decisions.

When this advice is not enough

Nation-specific law, SEND terminology, inspection arrangements, child-protection contacts and reporting processes differ across the UK.

What to do instead

Keep this article as a parent checklist, then check the current official guidance for your UK nation and your local authority where the decision turns on legal status, SEND duties, safeguarding or school registration.

Sources used for this guide

The main claims in this guide are based on official or authoritative education sources. Source scope matters: most legal and SEND detail listed here applies to England.

Children’s Commissioner for England: Register, Regulate and Raise Standards

Report, 4 July 2025. Used for unregistered AP figures, risks and recommendations.

Open source
Department for Education: Alternative provision

Statutory guidance page, applies to England, last updated 5 February 2025.

Open source
DfE: Arranging Alternative Provision guide

PDF guidance for local authorities and schools, February 2025.

Open source
GOV.UK: Elective home education

Guidance page, applies to England, last updated 19 August 2024.

Open source
DfE: EHE guidance for local authorities

PDF guidance used for EHE duties and unregistered-setting caveats.

Open source
DfE: EHE guide for parents

PDF guide used for parent-facing home education checks.

Open source
GOV.UK: Independent school registration

Guidance page, applies to England, last updated 27 April 2026.

Open source
DfE: Independent school registration guidance

PDF guidance used for full-time and registration-threshold wording.

Open source
DfE: Prosecuting unregistered independent schools policy statement

Policy statement, August 2019. Used for unregistered independent-school enforcement context.

Open source
SEND Code of Practice: 0 to 25 years

Statutory guidance page, applies to England, last updated 12 September 2024.

Open source
Keeping children safe in education

Statutory guidance for schools and colleges in England, last updated 1 September 2025.

Open source

Related guidance

More guidance from this section

More guidance from this part of the Ed Centre that may help with the same decision, stage or next step.

Related guidance

EHCP home education: what parents should check before withdrawing

A practical England-focused guide for families weighing elective home education after SEND support has broken down.

Related guidance

EHCP and home education: what changes and what does not

A clear England-only guide for families weighing elective home education, EHC plan duties, Section F and Section I, annual reviews, deregistration, EOTAS and funding questions.

Related guidance

Home education, SEND and local authority process

Clear, source-led guides for families navigating elective home education, EHC plans, local authority enquiries, annual reviews and provision questions.

Support and clarity

Frequently asked questions

Straight answers to the questions people ask most often.

What is unregistered alternative provision?

It is AP delivered by a provider that is not a registered school or college. In England, DfE guidance says this type of provision is not subject to a national registration scheme or inspection framework, so the key questions are who commissioned it, what due diligence has been done, and who monitors safety and quality.

Is unregistered alternative provision illegal?

Not automatically. The legal issue is whether the provider should be registered as an independent school. In England, registration may be required where a provider gives full-time education to five or more compulsory-school-age pupils, or one or more such pupils with an EHC plan or who are looked after.

How is alternative provision different from elective home education?

AP is arranged by a school or local authority for a child who cannot attend mainstream or special school, or who needs off-site education. EHE is chosen and arranged by parents. A parent can use tutors, groups or part-time provision as part of EHE, but that does not transfer the parent’s responsibility for suitable full-time education.

Who is responsible if a school or local authority arranges AP?

For commissioned AP, the commissioning school or local authority should retain oversight. Parents should ask who receives attendance updates, who reviews the plan, who handles safeguarding concerns and whether the child remains on the school roll.

Can a home-educated child use tutors, groups or part-time settings?

Yes. DfE parent guidance recognises that home-educating parents may use tutors, groups or part-time provision. Parents still need to show that the education is suitable overall and should ask safeguarding, suitability and registration-threshold questions where a setting becomes substantial.

What if my child has an EHCP and is offered AP?

Ask whether the provision is part of the EHC plan, whether the plan needs review or amendment, who will secure the specified special educational provision, and whether this is AP, EOTAS or parent-chosen EHE. DfE guidance says AP can be named in an EHC plan, but that this is not common and should not simply substitute for a special-school place because capacity is unavailable.

What should I ask before accepting alternative provision?

Ask who is commissioning and paying, whether your child remains on roll, whether the setting is registered or why registration is not required, what safeguarding checks have been done, what written plan and review date exist, and how attendance, progress, incidents, health and safety and any EHCP provision will be monitored.

What should I do if I think a setting is unsafe or acting as an unregistered school?

For a commissioned placement, raise concerns with the school or local authority responsible for the placement and ask what action will be taken. If a child may be at immediate risk of harm, use local safeguarding arrangements or emergency services. For suspected unregistered independent-school activity, use the current official GOV.UK or DfE process.

Official guidance

1.
Alternative provision
Department for Education / GOV.UK · Published 10 January 2013; last updated 5 February 2025 · Accessed 2026-06-15
GOV.UK landing page for England alternative provision statutory guidance.
2.
Arranging Alternative Provision: A Guide for Local Authorities and Schools
Department for Education · February 2025 · Accessed 2026-06-15
Used for AP definitions, commissioner oversight, unregistered AP, written plans, safeguarding, section 19 context and EHC-plan caveats.
3.
Elective home education
Department for Education / GOV.UK · Published 1 November 2007; last updated 19 August 2024 · Accessed 2026-06-15
GOV.UK landing page for England elective home education guidance.
4.
Elective home education: departmental guidance for local authorities
Department for Education · April 2019; GOV.UK page last updated 19 August 2024 · Accessed 2026-06-15
Used for section 7 EHE duties, suitability, and unregistered-setting caveats.
5.
Elective home education: guide for parents
Department for Education · April 2019; GOV.UK page last updated 19 August 2024 · Accessed 2026-06-15
Used for parent-facing EHE checks, use of tutors and part-time provision, and safeguarding questions.
6.
Independent school registration
Department for Education / GOV.UK · Published 1 December 2013; last updated 27 April 2026 · Accessed 2026-06-15
Used for independent school registration thresholds in England.
7.
Independent school registration guidance
Department for Education · August 2019; GOV.UK page last updated 27 April 2026 · Accessed 2026-06-15
Used for full-time education interpretation and unregistered independent school wording.
8.
Prosecuting unregistered independent schools: policy statement
Department for Education · August 2019 · Accessed 2026-06-15
Used as background for suspected unregistered independent school enforcement wording.
9.
SEND code of practice: 0 to 25 years
Department for Education and Department of Health and Social Care / GOV.UK · Published 11 June 2014; last updated 12 September 2024 · Accessed 2026-06-15
Used for England SEND/EHC plan context.
10.
Keeping children safe in education
Department for Education / GOV.UK · Published 26 March 2015; last updated 1 September 2025 · Accessed 2026-06-15
Safeguarding and safer recruitment guidance for schools and colleges in England.

Peer-reviewed research

1.
Register, Regulate and Raise Standards: The Children’s Commissioner’s view on unregulated alternative provision
Children’s Commissioner for England · 4 July 2025 · Accessed 2026-06-15
Used for England figures on unregistered AP placements, potential illegal-school settings, risks and policy recommendations.