Can Alternative Provision be named in an EHCP?
A straightforward guide for parents, carers, and schools navigating the SEND system and considering Alternative Provision for a child with an Education, Health and Care Plan.
What parents and schools need to know
If your child has an Education, Health and Care Plan (EHCP) and mainstream school is no longer working, you may be wondering whether Alternative Provision (AP) can be named in the plan. The short answer is yes — but the process involves the local authority, the school, and sometimes the SEND Tribunal.
This guide explains how Alternative Provision fits into the EHCP process, what Section I means in practice, and how the referral works for children with special educational needs across Bedfordshire, Hertfordshire, and Buckinghamshire.
What is Section I?
An EHCP is split into numbered sections. Section B describes the child or young person's special educational needs. Section F sets out the provision required to meet those needs. Section I is where the local authority names the setting — or type of setting — where that provision will be delivered.
If a parent, carer, or young person requests that a specific Alternative Provision provider be named in Section I, the local authority must consider it. It cannot simply refuse without reason. The setting named must be able to deliver everything described in Section F. If the local authority refuses, you have the right to appeal to the First-tier Tribunal (SEND).
It is worth noting that Section I can name the type of provision (for example, "Alternative Provision") without naming a specific provider. In other cases, it will name the actual setting. Both approaches are valid, but naming a specific provider gives greater certainty.
How AP is named in an EHCP
Request or review
A parent, school, or young person requests that Alternative Provision be considered. This usually happens during an annual review, or when a placement is breaking down and an emergency review is needed.
Local authority considers suitability
The local authority looks at whether the proposed AP provider can deliver the special educational provision set out in Section F of the EHCP. It may ask the provider for information about their curriculum, staffing, and safeguarding.
Provider responds
The AP provider confirms whether they can meet the needs described, outlines what the placement would look like, and explains how they would report progress to the school and family.
Decision and amendment
If the local authority agrees, it amends the EHCP to name the AP setting in Section I. The amended plan is issued to the family, who have 15 days to respond.
Placement begins
Once the plan is finalised, the placement can begin. The AP provider, school, and local authority work together to make the transition as smooth as possible for the young person.
Referral pathways for students with SEND
School-led referral
The school identifies that the current placement is not working and contacts the AP provider directly. This is the most common route for pupils who are at risk of exclusion or persistently absent.
Local authority placement
The local authority commissions AP as part of its high-needs funding arrangement. This is more common for pupils with an EHCP where the LA is responsible for naming the setting.
EHCP annual review
During the annual review, the family or school proposes AP as a change of placement. The local authority must consult with the proposed provider before making a decision.
SEND Tribunal direction
If a family appeals and the Tribunal rules in their favour, the local authority is directed to name the AP setting in Section I. The placement then proceeds as a formal EHCP arrangement.
How Directional CIC works with EHCPs
We are a teacher-led Community Interest Company based in Bedfordshire, working with schools and local authorities across Hertfordshire and Buckinghamshire. We deliver structured Alternative Provision placements for secondary-age pupils, including those with social, emotional, and mental health needs.
When a school or local authority is considering naming us in an EHCP, we respond promptly to requests for information. We can attend annual reviews, provide written confirmation of what we can deliver, and agree clear reporting arrangements from the outset.
We do not replace the role of the local authority or the SEND Tribunal, but we work hard to make the transition into AP straightforward for families, schools, and the young person.
What schools and families can expect from us
- A clear written response to local authority consultation within 2 working days
- Half-termly progress reports that can be used for EHCP reviews
- Structured provision that aligns with the outcomes in Section E
- Regular communication with the family and referring school
- Safeguarding policies and DBS-checked staff, shared before placement begins
Not legal advice
This guide is intended to help parents and schools understand how Alternative Provision fits into the EHCP process. It is not a substitute for legal advice. For support with appeals, tribunal representation, or understanding your rights under the Children and Families Act 2014, we recommend contacting IPSEA, Special Needs Jungle, or your local SENDIASS service.
Frequently asked questions
Talk to us about a placement
If you are a school, local authority, or family considering Alternative Provision for a child with an EHCP, get in touch. We will respond within 2 working days.
Or call 07949 212 583