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<p>Local authorities have a duty to provide suitable educational provision for children
of compulsory school age who may otherwise not be able to receive such education.
As commissioners, local authorities will determine the most appropriate provision
for a child and this includes funding the provision.</p><p>The department provides
statutory guidance to local authorities, which makes it clear that the provision should
meet the needs of the child, must be registered where appropriate, and should be delivered
by high quality staff with suitable safeguarding checks in place. This alternative
provision guidance is attached.</p><p>Where a setting meets the threshold for registration
as an independent school, but is not registered, then it is operating illegally. The
most recent figures show that Ofsted has made sure 63 of these schools have stopped
operating illegally between January 2016 and December 2018. Ofsted has powers to inspect
without notice if it has reasonable cause to believe that an unregistered independent
school is being conducted.</p><p>Local authorities should not commission places at
schools that are required to be registered, but are not registered.</p>
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