Section 19 duty

Also called Duty to make arrangements for suitable education, Education Act 1996, section 19. That is the name used in diagnostic manuals and on most official paperwork.

If your child cannot go to school because they are ill or have been excluded, the council must still make sure they get a proper education. That duty has a name: section 19.

Applies in England

Section 19 of the Education Act 1996 says the local authority Local authority Your local council. In England, Wales and Scotland, this is the body you ask to assess what extra help your child needs. Read the full definition of Local authority must arrange suitable education for a child of school age who cannot attend school because of illness, exclusion or another reason. Illness includes mental health, so a child too anxious to attend school is covered. The duty applies whether or not your child has an EHCP EHCP A legal document, used in England, that sets out a child's needs and the support they must get. It is for children who need more help than their school can give on its own. Read the full definition of EHCP or any diagnosis.

This matters because many parents of children out of school are never told the duty exists. If your child has been unable to attend for a while, you can write to the council, name section 19, and ask what education they will arrange. Alternative provision Alternative provision Education arranged outside your child's own school when they cannot attend it. The council must still make sure your child gets a suitable education. Read the full definition of Alternative provision can include a hospital school Education for children with health needs who cannot attend school If your child is too unwell to attend school, the council must still make sure they get a proper education. Mental health counts as a health need. Read the full definition of Education for children with health needs who cannot attend school , a smaller setting, tuition or education at home arranged by the council.

Across the UK

  • Duty to arrange suitable education (Wales) : In Wales the council has an equivalent duty to arrange suitable education for children who cannot attend school, but it sits under Welsh provisions rather than the section 19 wording used in England, so ask the council about education for a child who cannot attend school rather than naming section 19.

Where this comes from

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