What is Section 19? 

Section 19 of the Education Act 1996 places a legal duty on local authorities to ensure that children and young people receive suitable education if they cannot attend school. 

This duty applies where a child or young person of compulsory school age cannot attend school because of: 

  • Ill health (See Medical Needs) 

  • Exclusion (See Suspensions or Permanent Exclusions) 

  • Other reasons such as anxiety  

The education provided under Section 19 must be suitable to the child’s age, ability, aptitude and individual needs, including any special educational needs (SEN). 

Who Is Responsible for Section 19 Provision? 

The local authority is responsible for arranging and funding education under Section 19. 

The duty remains with the local authority even if: 

  • A school place is still named 

  • The child is on a school roll 

  • The child has an EHCP 

Schools may support the process, but the legal responsibility sits with the local authority. 

When Should Section 19 Education Start? 

For exclusions, provision must begin on the 6th day, but for illness or other reasons, it applies as soon as it is clear the child will be away for 15+ days consecutively or cumulatively.  

The law does not allow long delays while professionals “wait and see.” 

What Does “Suitable Education” Mean? 

Section 19 education should be: 

  • Full-time, unless the child’s needs mean this is not possible 

  • Appropriate, taking account of health, SEN, and emotional wellbeing 

  • Equivalent to what a child would normally receive in school 

If full-time education is not possible, the local authority must show that this is because of the child’s needs and keep the provision under regular review. 

What Might Section 19 Provision Look Like? 

Education provided under Section 19 may include: 

  • Tuition at home 

  • Online or virtual learning 

  • Education in an alternative provision or medical setting 

  • A reduced or phased timetable (where appropriate) 

  • Specialist teaching to meet SEN 

Provision should be tailored to the individual child, rather than based on what services happen to be available. 

Children with EHCPs and Section 19 

If a child has an EHCP, the local authority must still ensure: 

  • Section 19 education is suitable and accessible 

  • Provision detailed in the plan is delivered alongside education 

  • The child is not left without education due to difficulties attending school 

Section 19 does not replace duties under the Children and Families Act 2014. The local authority must meet both sets of responsibilities. 

If Parents or Carers Are Concerned About Section 19 Support 

Parents and carers can: 

  • Ask the local authority to confirm what education is being arranged 

  • Request a review if the provision is not suitable or sufficient 

  • Provide evidence about the child’s needs and barriers to attendance 

There is no direct right of appeal about Section 19 provision, but concerns can be raised through: 

  • The local authority’s complaints process (known as Compliments and Complaints) 

  • Judicial review (where appropriate) 

  • Evidence used in SEND-related appeals (if the child has an EHCP) 

Early written communication is important to help show when the local authority was aware of the lack of education.