Education Bill

Ultimately, it is up to the local authority as to whether it remits boarding fees. These powers are rarely used and apply only in two very limited circumstances. The first is where no other educational provision that is needed for the particular pupil is available in the area. The second, as an alternative, is where the parent is suffering financial hardship, and in those circumstances the local authority can take into account how much it remits. So it is very much up to the local authority to make the decision, and of course it would not be persuaded to pay unreasonable figures in those circumstances. On Government amendments 34 and 35, the current wording of clause 51 means that an AP academy would be restricted to taking a majority of its pupils as referrals by local authorities under section 19 of the Education Act 1996, which places a duty on local authorities to make arrangements to provide education for children who, because of illness, exclusion or otherwise, would not receive suitable education unless those arrangements were made. That restriction arises because of the definition of ““alternative provision””, which is why there is a restriction on the amount of children that can be taken as a result of other referrals. We know that, in addition to those children, the AP sector also provides education and support for pupils referred to it by schools for early intervention to tackle behavioural problems. We want to encourage greater use of early intervention, which can re-engage a child and address behavioural problems at an early stage and, thus, reduce the risk of permanent exclusion. That type of intervention benefits both the child, whose education is less disrupted, and the school, which can ensure that other pupils' education is not disrupted by poor classroom behaviour. The trial that we will run of a new approach to exclusions will help us to understand how schools can most effectively use early intervention in this way. We want AP academies to be responsive, and it makes no sense to restrict the proportion of children that they can take from school referrals. Alternative provision academies will be assessed against rigorous criteria in order to obtain academy status, and they will be accountable through their funding agreements or grant arrangements, and through Ofsted inspections. The high level of accountability should mean that they are among the best providers, and we want them to be able to accept the children who most need their provision, regardless of whether they are referred by schools or by local authorities.