Section 19: When Education Must Be Secured Outside of School

For many SEND families, there comes a moment when school is no longer accessible whether due to unmet needs, emotional distress, or unlawful part-time timetables. That’s when Section 19 of the Education Act 1996 becomes critical.

This isn’t just a fallback. It’s a legal duty.

What Is Section 19?

Section 19 places a duty on the Local Authority (LA) to secure suitable education for children of compulsory school age who, for reasons of illness, exclusion, or otherwise, cannot attend school.

“The LA shall make arrangements for the provision of suitable education at school or otherwise than at school…”

This applies whether the child is:

• On a part-time timetable
• Absent for 15 consecutive days
• Absent for 15 cumulative days (non-consecutive)
• Unable to attend due to mental health, EBSA, unmet SEN, or unlawful exclusion

When to Initiate Section 19

You don’t need to wait for a formal diagnosis or a medical certificate. The trigger is inaccessibility to education, not the reason behind it.

You can initiate Section 19 when:

• Your child has missed 15 days (consecutive or not) due to anxiety, burnout, or unmet needs
• They are placed on a part-time timetable with no clear plan to reintegrate
• The school has failed to make reasonable adjustments or provide support under SEN Support
• The EHCP is in draft or under review, and the child is not accessing education

What “Suitable Education” Means

The education provided must be:

• Full-time or equivalent
• Needs-led, not generic
• Delivered in a way that suits the child’s age, ability, aptitude, and SEN

This could be:

• Online tuition
• Home-based provision
• Specialist tutors
• Interim placements

How to Take Action

1. Track Absence: Keep a record of all missed days—consecutive or cumulative.
2. Request in Writing: Write to the LA referencing Section 19 and your child’s inability to access education.
3. Quote Case Law: Use precedents like G v Westminster to reinforce that “otherwise” includes unmet SEN.
4. Use Our Templates: We’ve created letters and scripts to help you initiate Section 19 lawfully and effectively.

Explore them all at senparentsupportgroup.org under our Resource Hub.

Education Is a Right, Not a Reward

Section 19 is not about blame it’s about securing continuity. Whether your child is navigating EBSA, burnout, or unlawful exclusion, education must not stop.

This step is one brick in the wider structure. And every brick matters.

Navigating the SEND Educational Journey for better outcomes, TOGETHER™

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