Section 19 of the Education Act: the LA duty most parents don't know about

What Section 19 actually says

The statute is short and the words matter. Worth reading once in the original.

Section 19 of the Education Act 1996 provides:

Three phrases in that paragraph carry the weight:

• “Shall make arrangements.” Not may. Not should. Shall. A duty, not a power.
• “Suitable education.” Defined elsewhere in the Act as suitable to the child's age, ability, aptitude and any SEN.
• “Or otherwise.” The reason a child cannot attend can be any reason. The duty isn't limited to medical or excluded children.

That last phrase, “or otherwise,” has been consistently interpreted by the courts to mean what it says. A child who cannot attend because of anxiety, EBSA, autism-related distress, sensory overwhelm, family circumstances, or any other reason is covered.

When the duty triggers

The duty applies whenever a child of compulsory school age would not otherwise receive suitable education for any period. The threshold for “any period” has been clarified in practice.

The DfE's statutory guidance on alternative provision and consistent LA practice put the practical trigger at around 15 working days of unmet education. Some local authorities act faster; some drag their feet. The Local Government & Social Care Ombudsman has repeatedly held that LAs cannot delay s.19 provision while alternative arrangements are investigated; the duty bites once the child is out of suitable education.

Triggers in practice:

• Exclusion (permanent or fixed-term over 5 days).
• Medical absence (illness preventing attendance).
• Anxiety-related school avoidance (EBSA) where the child cannot attend.
• Awaiting a placement (e.g., a child with an EHCP whose named school does not yet have a place available).
• Reduced timetable that has gone on too long without a return-to-full-time plan (see our piece on reduced timetables).
• Pregnancy and parenting for school-age young people.
• Bullying where the child cannot return safely.

What “suitable education” means under s.19

Suitable is a legal term with content. It is not whatever the LA happens to be able to provide.

The Education Act 1996 defines suitable education (for these purposes, in section 19(6)) as efficient education suitable to the child's age, ability and aptitude, and to any special educational needs the child may have.

In practice this means:

• Age-appropriate: Year 7 work for a Year 7 child, not Year 3 work.
• Ability-appropriate: a child achieving above national average needs work pitched accordingly.
• Addresses the SEN: where the child has an EHCP, the s.19 provision should align with Section F or with the child's known support needs.
• Covers the curriculum: English, maths, sciences, the rest. Not just “a few hours of tutoring.”
• Reasonable in extent: an hour a week of online tutoring for a child out of school for months is not suitable.

The full-time default and the medical exception

Section 19 education must be full-time unless the LA considers part-time to be in the child's best interests for medical (including mental health) reasons.

A 2013 amendment (Education Act 1996, s.19(3AA)) made this explicit. The default is full-time. Part-time is permissible only if:

1. The LA considers (formal decision, with reasons),
2. that for reasons relating to the physical or mental health of the child,
3. it would not be in the child's best interests for full-time education to be provided.

“We can't resource full-time” is not on the list. Resource constraints are not a lawful basis for part-time s.19 provision.

What kinds of provision s.19 can deliver

The LA chooses how to discharge the duty. The options are broader than parents often realise.

• A place at a different school. Sometimes the right answer is a new placement; the LA can secure one.
• Hospital schools and medical pupil referral units (PRUs) for children with significant medical or mental health needs.
• Pupil referral units (PRUs) for children who have been excluded.
• Alternative provision (AP) commissioned by the LA from third parties (often charities, specialist providers, online schools).
• Home tuition, sometimes 1:1 with a qualified teacher; sometimes online learning programmes.
• Education Other Than At School (EOTAS) for children with EHCPs whose named placement is EOTAS. EOTAS is a recognised legal status; see Cognus and similar guidance.
• A bespoke package combining several of the above.

Writing the Section 19 letter

A clear, specific letter triggers the LA's duty in writing. Most LAs respond when this letter lands.

A template you can adapt and send today:

Keep a copy. Send by email; consider posting a hard copy recorded delivery as well for the substantial cases.

Common LA pushbacks and the answers

Five common responses and how the case law and statutory guidance answer them.

• “The child is on the school roll; it's the school's responsibility.” Wrong. Where the child is not receiving suitable education, the s.19 duty is the LA's, regardless of school roll status.
• “We need a medical letter first.” Helpful but not required. The statute says “by reason of illness, exclusion or otherwise.” A clear parental account of why the child cannot attend can be enough to trigger consideration.
• “We'll arrange two hours a week of tutoring.” Not lawful as a final answer if the child is otherwise able to engage in full-time education. The full-time default applies.
• “The EHC needs assessment is in progress.” Doesn't pause the s.19 duty. The two duties run alongside; s.19 is often faster.
• “You could home-educate.” Optional, not required. If you elect home education, the s.19 duty changes (though doesn't entirely disappear). If you don't elect, the LA cannot push you towards it; see our piece on off-rolling.

If the LA persists in refusing, the routes are: complaint to the LA, complaint to the Local Government & Social Care Ombudsman (which has issued many maladministration findings on s.19 failures), and in stronger cases judicial review or a SEND Tribunal complaint where the issue links to an EHCP.

Section 19 vs an EHCP

The two duties run alongside each other. Knowing the difference helps you push on both at once.

The pragmatic move: where your child has been out of school for more than 15 working days, trigger s.19 today, even if the EHCNA is in progress.

What to do this week

Three things.

1. Write the Section 19 letter. Use the template above. Send today.
2. Copy in the school: SENDCO, headteacher. The school often quietly accelerates LA action once they see the letter.
3. Read IPSEA's page on what support the LA must give when the child is out of school. Free, UK-specific, the authoritative source.