Introducing the DfE’s Voluntary National Standards for Non-School Alternative Provision

And what it means for those running or setting up AP settings

In August 2025, the Department for Education (DfE) published a landmark document: the Voluntary National Standards for Non-School Alternative Provision. Although the standards do not yet have statutory force, their introduction marks a major step forward in defining what high-quality, safe and well-run alternative provision (AP) should look like. They set out clear expectations across four key areas - safeguarding and welfare, health and safety, admissions and support, and the quality of education - and together they form the most comprehensive framework yet for providers operating outside the traditional school system.

While the standards are described as voluntary, the DfE has already confirmed its intention to legislate for mandatory national standards when parliamentary time allows. In practical terms, this means that every provider of non-school AP will, in the near future, be required to meet these expectations in law. For anyone establishing, commissioning, or quality-assuring AP, these standards should be viewed not as optional best practice but as a preview of forthcoming statutory requirements.

It is also worth noting that local authorities are likely to use these same standards - or closely aligned criteria - to inform their approved provider lists and ongoing quality checks. Many are expected to reference the new framework when reviewing applications to deliver AP or when monitoring existing placements. Providers that align early will therefore find themselves better placed to secure and maintain local authority approval, as well as the confidence of schools and commissioners.

Understanding Statutory vs Non-Statutory Guidance

To make sense of what the DfE’s announcement really means, it helps to understand the distinction between statutory and non-statutory guidance.

• Statutory guidance is issued under legal powers and must be followed by those to whom it applies. Organisations are often required to “have regard to” it - in other words, they may exercise professional judgment, but any departure must be clearly justified and defensible.

  
  

• Non-statutory guidance, by contrast, has no legal force. It represents the government’s view of what constitutes good or expected practice but does not impose a legal duty.

  
  

The new standards for non-school AP fall into this latter category - non-statutory for now - but the DfE’s policy direction is unambiguous. The intention is to introduce legislation that will make these standards mandatory in the coming years.

What the Voluntary National Standards Cover

The standards are organised around four central themes:

1. Safeguarding and Welfare of Children

2. Health and Safety

3. Admissions, Support and Guidance

4. Quality of Education

1. Safeguarding and Welfare

Safeguarding is the cornerstone of the new framework. Providers are expected to have robust policies, clear lines of accountability, and a culture that places children’s welfare at the centre of everything they do. All staff - including temporary and contracted workers - should undergo appropriate recruitment checks (enhanced DBS, barred list, references) recorded in a single central record. Training must be kept up to date, ensuring every member of staff understands how to identify and respond to concerns.

Each setting must appoint a Designated Safeguarding Lead (DSL) who has the authority and training to liaise with commissioners, local safeguarding partners and other agencies. Access to premises should be secure and well-controlled, particularly where facilities are shared with other organisations.

For anyone setting up a new AP provision, these requirements should shape every early decision - from staff recruitment to building layout and policy design. Safeguarding cannot be bolted on later; it has to be built in from the start.

2. Health and Safety

Health and safety duties are already well-established in law, but these standards translate them specifically for the AP context. Providers are expected to have a comprehensive, written health and safety policy that is tailored to their site and activities. This should identify responsibilities, set out arrangements for risk assessment, and describe how incidents and near misses are recorded, reviewed, and reported. First aid provision, fire safety procedures, and equipment maintenance are all emphasised, as is the need for competent staff to supervise specialist or potentially hazardous activities.

For new settings, this means building a strong safety culture from day one: clear risk assessments, visible responsibilities, and a proactive approach to preventing harm rather than reacting to it.

3. Admissions, Support and Guidance

This section focuses on transparency and accountability in how pupils are referred, admitted and supported. Providers should have written admissions criteria and referral processes that are open, fair, and compliant with the Equality Act. They are expected to maintain accurate records supplied by commissioners - including safeguarding information, medical needs, attendance and behaviour data - and to share updates promptly.

Clear induction processes for pupils and parents are essential, helping everyone understand expectations, routines, and support structures. Attendance must be monitored rigorously, with prompt follow-up on any absence. Behaviour management should be constructive and proportionate, and all significant incidents must be properly recorded and shared with commissioners.

These expectations underline that strong communication and record-keeping are not administrative extras, but key elements of safeguarding and accountability.

4. Quality of Education

Finally, the standards reinforce that alternative provision must deliver meaningful learning, not simply supervision. Staff do not have to hold Qualified Teacher Status, but they must be suitably skilled and knowledgeable in the areas they teach. Learning programmes should be well-planned, sequenced and responsive to pupils’ needs, ensuring clear progression in knowledge and skills. Regular assessment, progress tracking, and reporting to commissioners, pupils, and parents are expected, as is ongoing self-evaluation and improvement planning.

For providers at the design stage, this means embedding systems for curriculum planning, monitoring and review from the outset, ensuring that quality is consistent and measurable.

Why These Standards Matter

The publication of these voluntary standards sends a clear message: that every child, regardless of setting, deserves to learn in a safe, well-governed and high-quality environment. For new or developing AP providers, the implications are significant. Aligning with the standards now will:

• Establish structures that will withstand future regulation and inspection.

• Strengthen relationships with commissioners and local authorities.

• Improve eligibility for inclusion on approved provider lists.

• Demonstrate commitment to continuous improvement and learner welfare.

In short, the standards provide a clear roadmap for what “good” alternative provision looks like - and that roadmap will soon form the foundation of national regulation.

Next Steps for Providers

1. Read the full DfE guidance: Voluntary National Standards for Non-School Alternative Provision (DfE, 2025).

2. Conduct a gap analysis of your current or proposed operations against each section of the standards.

3. Prioritise the fundamentals - safeguarding, health and safety, and governance - before opening or expanding provision.

4. Document your decisions where you adapt or contextualise the standards, ensuring transparency and defensibility.

5. Engage early with commissioners and local authorities, sharing how your setting aligns with the new framework.

6. Monitor developments, as these standards move towards statutory implementation in the coming years.

   
   

Conclusion

The DfE’s Voluntary National Standards for Non-School Alternative Provision represent a pivotal moment for the sector. Though not yet legally binding, they are clearly designed to evolve into the statutory baseline for all AP in the near future. Local authorities, commissioners and schools are already expected to use them as reference points for assessing quality and maintaining approved provider lists.

For AP providers, this is an opportunity to act early - to embed the standards into your systems, demonstrate credibility, and future-proof your organisation against the next wave of regulation.

At Benchmarked, we support new and existing providers to interpret the standards, identify gaps, and build the structures needed for safe, compliant, and high-quality provision. If you’re establishing or reviewing an AP offer, we can help you align your policies, processes and culture with what the DfE - and your local authority - will soon expect as standard.

Creating quality alternative provision isn’t simply about meeting requirements. It’s about ensuring that every learner has the stability, safety and opportunities they need to thrive. Get in touch to ensure your alternative provision is fully aligned with these standards, demonstrating quality, compliance, and readiness for the expectations of commissioners, inspectors, and local authorities.