What the section actually says
Section 19 of the Education Act 1996 places a duty on every local authority to make arrangements for the provision of suitable education for any child of compulsory school age who, by reason of illness, exclusion from school, or otherwise, may not for any period receive suitable education unless such arrangements are made.
The three triggering words in that sentence are illness, exclusion, and otherwise. The first two are obvious. The third is the load-bearing one for most SEND families.
What “or otherwise” covers
“Or otherwise” has been interpreted by the courts to cover any reason a child cannot attend school, including:
- Mental health and anxiety-based non-attendance (often called EBSA, Emotionally Based School Avoidance).
- Physical health needs the school can't accommodate.
- Disability-related non-attendance where the school can't meet needs.
- Bullying or safety concerns that mean the child cannot safely attend.
- Gaps between school placements (e.g. while a new placement is being arranged after exclusion or moving).
The leading case is R (G) v Westminster City Council (2004), which confirmed the duty is engaged whenever a child is not receiving suitable education for any reason, not just illness or exclusion. Most councils underplay this in conversation with parents; the duty is broader than they admit.
What the council has to provide
Whatever is arranged must be suitable to the child's age, ability, aptitude and any special educational needs they may have. The provision should normally be full-time, unless the council determines full-time would not be in the child's interests for reasons relating to physical or mental health (DfE statutory guidance on education for children with health needs who cannot attend school).
The provision can take several forms: tuition at home, online education, alternative provision settings, EOTAS (Education Otherwise Than At School), or a temporary package combining these. The council chooses the form; the parent can challenge whether what's provided is actually suitable.
How parents can use it
Most parents discover Section 19 only after their child has been out of school for weeks or months and someone (often IPSEA or another parent) mentions it. The duty doesn't require a formal trigger; it engages when a child is without suitable education. The DfE guidance suggests after 15 consecutive school days of non-attendance, but the duty itself doesn't set a numerical threshold.
Write to the council's SEN team and the local attendance team naming the section 19 duty, describing what's happening, and asking what arrangements they intend to make for your child's education. If they don't respond or what they offer isn't suitable, you can complain to the council, then to the Local Government and Social Care Ombudsman, and in serious cases seek judicial review.
Where the law comes from
Related
This page is general information, not clinical or legal advice.