02/06/2026
SECTION 19 ~ EDUCATION ACT 1996
A reminder that Section 19 is NOT just for children who are permanently out of school.
Section 19, Education Act 1996 states….
“Each local authority shall make arrangements for the provision of suitable education at school or otherwise than at school for children of compulsory school age who, by reason of illness, exclusion or otherwise, may not for any period receive suitable education unless such arrangements are made for them.”
The law does NOT say:
“The child must be permanently out of school”, “the child must have 0% attendance” or “the child must have been absent for a set number of days”. The legal test is whether the child is receiving a suitable education.
So for example if a child is only managing two days a week, or has sporadic attendance due to say illness or mental health needs, it may be appropriate to ask the LA to consider its Section 19 duties and whether alternative provision or additional educational support is required.
The Act itself does not set a specific number of days a child must be absent before the section 19 duty arises either. No “let’s wait and see how they go”
The 15 day rule is NOT written into Section 19 of the Education act, . It comes from department for education statutory guidance. LA’s are expected to follow guidance and must have regard to it when carrying out their duties.
Ensuring a good education for children who cannot attend school because of health needs (2023 guidance, page 7)
It says….
“There is no absolute legal deadline… However, as soon as it is clear that a child will be away from school for 15 days or more because of their health needs, the local authority should arrange suitable alternative provision. The 15 days may be consecutive or over the course of a school year.”
It also says:
“When a local authority arranges alternative education, that education should begin as soon as it is possible, and at the latest by the sixth day of the child’s absence from school.”
And here’s the bit they don’t like talking about…
📘 Working Together to Improve School Attendance (2024 – page 21)
It says:
“to facilitate timely collaborative working across partners, all schools are also legally required to share information from their registers with the local authority. As a minimum this includes: the full name and address of all pupils of compulsory school age who have been recorded with code I (illness) and who the school has reasonable grounds to believe will miss 15 days consecutively or cumulatively because of sickness. This is to help the school and local authority to agree any provision needed to ensure continuity of education for pupils who cannot attend because of health needs…” which is why it’s so important that attendance codes are marked correctly:
If you think your child may need support, make a formal Section 19 request to the LA.
✔ Reference Section 19 Education Act 1996
✔ Reference page 7 of the Health Needs Guidance (2023)
✔ Reference page 21 of Working Together (2024)
✔ Use IPSEA Template Letter 22
I know the system doesn’t always follow the law or guidance. I also know it’s bloody exhausting. It took us eight months to secure alternative provision through multiple complaints, and our tribunal was listed the week after they finally agreed. 🫣
But, you cannot advocate for rights you don’t know exist so keep your voice heard and keep pushing. 💙
This post is general information and not individual legal advice. X
