Can school stop my 13-year-old from attending equine therapy once a week, even though the LA agreed to it, because it's an unregistered alternative provision? My child doesn't have an EHC plan and is in the process of having an EHC needs assessment.

The statutory guidance Working together to improve school attendance (applicable from 19 August 2024) confirms (at paragraph 65) that in some circumstances a pupil’s education may be provided partially at school and partially somewhere else.

It confirms that schools have responsibilities for the safeguarding and welfare of pupils attending an approved educational activity outside of school. However, “unregistered alternative provision arranged by the school” is an example of an approved educational activity in the guidance (paragraph 311). A school is permitted to arrange this if it is satisfied that “the activity is supervised by a person considered by the school to have the appropriate skills, training, experience and knowledge to ensure that the activity takes place safely and fulfils the educational purpose for which the pupil’s attendance has been approved.” (paragraph 310). There’s a specific code (code B) that the school has to use to record a child’s attendance in these circumstances (regulation 10(3) and 10(11) of The School Attendance (Pupil Registration) (England) Regulations 2024).

However, if the local authority (LA) has agreed to arrange this provision, rather than the school, the LA may be doing so because of its duty under section 19 of the Education Act 1996. This duty means LAs must secure suitable, full-time education for children of compulsory school age who would not otherwise receive it. LAs can fulfil this duty by providing education outside of school on the days a child will not be at school. As this is the LA’s duty, it’s the LA (not school’s) decision whether your child can have equine therapy.

The School Attendance (Pupil Registration) (England) Regulations 2024 has introduced a new attendance code for recording attendance at education provision arranged by the LA. Regulation 10(3) requires the school to use code K if a pupil is attending a place arranged by a local authority under its duty to secure:

• suitable, full-time alternative education for children of compulsory school age who would not otherwise receive it due to illness, exclusion or another reason (section 19 of the Education Act 1996)
• the special educational provision in section F of an EHC plan (section 42(2) of the Children and Families Act (CFA) 2014), or
• any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution (section 61 of the CFA 2014).

Therefore, if the LA arranges your child’s equine therapy because it has a duty to, the school can’t stop it and must record that your child is attending provision arranged by the LA in the register using code K.

If equine therapy is required to meet your child’s special educational needs, it will count as special educational provision. During the EHC needs assessment, you can make the case that it is not something mainstream schools provide from within their own resources and an EHC plan is necessary for your child to be able to access it long term.

If the LA agrees to issue your child with an EHC plan and equine therapy is required to meet her needs, make sure it is described specifically in section F. Please see our information on what an EHC plan contains and what to do when you receive a draft EHC plan for more information.