Setting up an AP or Independent School: Your Essential FAQs

The world of Alternative Provision is evolving rapidly, especially with the strengthened 2025 DfE guidance and increased scrutiny of unregistered settings. At JMC, we receive daily enquiries from schools, charities, providers and therapeutic organisations seeking clarity on the legal, operational and financial differences between registered and unregistered AP — and whether they should instead establish a fully registered independent school.

This FAQ brings together the most up‑to‑date, evidence‑based guidance from the Department for Education, Ofsted/ISI frameworks, and recent sector publications.

1. What is Alternative Provision (AP)?

Alternative Provision is education arranged for pupils who cannot attend mainstream school due to exclusion, illness, behavioural needs or other barriers. Local authorities have a legal duty under Section 19 of the Education Act 1996 to secure suitable AP for such pupils.

Schools may also place pupils into AP for short‑ or long‑term support, sometimes without issuing an exclusion.

2. What’s the difference between AP and a registered independent school?

Alternative Provision (Unregistered AP)

Most APs operate legally only if pupils attend part‑time or remain on roll elsewhere.
Key legal thresholds:

An AP must register with the DfE if it provides full‑time education for:

• 5 or more pupils of compulsory school age,
• 1 or more pupil with an EHCP, or
• 1 or more looked‑after pupil.

If you exceed these limits, you are legally functioning as a school, regardless of what you call yourself.

Ofsted can and does investigate unregistered APs suspected of providing full‑time education.

Registered Independent School

A fully registered school must:

• Apply formally to the Department for Education
• Meet the Independent School Standards
• Undergo a pre‑registration inspection

Once registered, an AP can:

• Take pupils full‑time
• Run long‑term placements
• Offer a full curriculum
• Receive more predictable, sustainable funding

Which route is cheaper or easier?

Unregistered AP

• Cheaper initially — no formal registration.
• Only viable if you genuinely remain part‑time (<18 hours a week).
• Higher legal risk if you drift into full‑time operation.

Independent School

• More upfront work (policies, premises, governance, safeguarding).
• Far more predictable and financially sustainable for full‑time or specialist therapeutic models.

For organisations offering equine‑assisted, therapeutic, SEMH or high‑needs work, registering as an independent school is usually the more stable long‑term model.

3. When MUST you register with the DfE?

You must register as a school if you provide full‑time education to pupils meeting any of the three thresholds listed above.

Operating an unregistered school may result in prosecution, fines or imprisonment.

4. How do you set up a registered independent AP school?

a. Confirm you meet the registration thresholds

Full‑time = registration required.

b. Complete all required policies and compliance paperwork

Includes safeguarding, curriculum, governance, premises safety, SEND, assessment and more.
Specialist services offer pre‑registration audits and policy development.

c. Secure compliant premises

Must meet Independent School Standards and pass pre‑registration checks.

d. Undergo a pre‑registration inspection

Carried out by Ofsted for non‑association independent schools.

e. Understand commissioner requirements

Local authorities must ensure AP quality, safeguarding and reintegration planning, as reinforced in the 2025 DfE AP Guidance.

5. How do you set up an unregistered AP — legally and safely?

To remain unregistered, you must not cross the full‑time threshold.

Key steps:

a. Operate strictly part‑time

Most APs cap hours to stay below the full‑time threshold. Pupils remain on roll at another school.

b. Conduct a feasibility study

Analyse market need, exclusion data and commissioner expectations before launch.

c. Create robust safeguarding and operational policies

Commissioners expect high‑quality safeguarding, safer recruitment, risk assessments and behaviour systems even in unregistered APs.

d. Meet local authority approval processes

There is no national approach — some LAs have rigorous QA systems, others have none.
You must contact each commissioning LA individually.

e. Keep careful records of hours and pupil numbers

If you drift into full‑time provision, you immediately become an unregistered school under the law.

6. What governance is required — can we use our existing trustee board?

Yes — a charity can use its existing board as the governing body if it meets the DfE requirements:

• Safeguarding oversight
• Educational leadership monitoring
• Financial oversight
• Strategic direction
• Suitability checks: Enhanced DBS + Section 128

Many charity‑run independent schools use their existing trustee board, sometimes with a subcommittee for safeguarding or education.

You do not need to create a new board unless you choose to.

7. Can we continue operating as a charity while running AP or an independent school?

Yes — this is extremely common.

You may operate:

• A parent charity
• An independent school arm
• AP or therapeutic programmes
• Community/outreach projects

All under one charity number, provided your charitable objects include education and your governance and finances are appropriately structured.

8. How do local authorities commission AP?

Local authorities must meet statutory duties under the 2025 DfE AP guidance, which requires:

• Multi‑year AP planning
• Quality assurance processes
• Clear criteria for placements
• Safeguarding checks
• Reintegration planning

They also draw on the February 2025 Arranging Alternative Provision guidance for oversight and placement processes. [assets.pub…ice.gov.uk]

9. How is Alternative Provision funded?

Funding may include:

• Core funding (varies by LA/ESFA depending on setting)
• Top‑up funding for additional needs
• Locally negotiated fees such as outreach or specialist packages

Daily rates vary, but can range from £60–£200+ per day, depending on staffing ratios and complexity of need.

10. What changed in the 2025 DfE AP Guidance?

The new guidance strengthens expectations around:

• Strategic planning for AP
• Safeguarding
• Reintegration pathways
• Quality assurance
• Appropriate use of AP (not defaulting for SEND pupils)

It replaces the 2013 version and aligns with wider education reforms.

11. How can JMC support providers?

JMC offers comprehensive support for both registered and unregistered settings:

• DfE registration guidance
• Policy and compliance audits
• Premises checks
• Safeguarding audits
• Pre‑registration visit preparation
• Mock inspections (Ofsted/ISI)
• Support navigating LA commissioning

Whether you’re exploring unregistered AP or establishing a full independent school, our team of former HMI, inspectors and compliance specialists can support every stage.

Final Thoughts on Setting up an AP or Independent School in 2026

Setting up an AP or independent school in 2026 requires navigating a complex framework of legal thresholds, safeguarding standards, governance expectations and commissioner requirements. Unregistered AP can work brilliantly when genuinely part‑time — but for full‑time, therapeutic, equine‑assisted or specialist SEMH provision, registering as an independent school is almost always the safer, more stable option.

JMC is here to help you choose the right path and meet every statutory requirement with confidence.

📧 Email us at enquiries@jmcinset.com