Section 19

Also called Section 19 Education Act 1996, Suitable education duty

The council's duty to arrange education for a child who cannot attend school through illness, exclusion or otherwise.

What it is

Section 19 of the Education Act 1996 requires a local authority to arrange suitable full-time education for children of compulsory school age who, because of illness, exclusion or otherwise, would not otherwise receive it.

"Or otherwise" is doing a lot of work in that sentence and is the basis of most successful claims.

Where it applies

Any child of compulsory school age in the area who is not receiving suitable education — whether or not they have an EHCP, and whether or not they are on a school roll.

How it works

It bites where a child is out of school through illness including mental illness, is permanently excluded, or where a placement has broken down and nothing suitable is available.

Statutory guidance expects councils to arrange provision as soon as it is clear a child will be away from school for 15 school days or more, whether consecutive or cumulative.

"Suitable" means suitable to age, ability, aptitude and any SEN. "Full-time" means full-time unless the child's health means that would not be in their interests.

What you can ask for

Write to the council, not just the school, and use the words "section 19". The duty is the council's and it is frequently not triggered because nobody asked it directly.

Ask what is being arranged and from when. A few hours of online tuition is often what is offered; whether that is "suitable full-time education" is a fair question to put in writing.

Medical evidence helps, but the duty does not depend on a diagnosis.

Where to get help

Complaints go to the council and then the Local Government Ombudsman, which upholds a very high proportion of section 19 complaints. IPSEA and Coram Children's Legal Centre both advise.