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What to do when your child cannot attend school: Section 19 education

When a child cannot access suitable education because of physical or mental health needs, exclusion or other circumstances, it can feel as though everyone is passing responsibility. This guide helps you make a clear written request to the local authority.

In simple terms: Section 19 of the Education Act 1996 places a duty on local authorities to arrange suitable, normally full-time education for children of compulsory school age who would otherwise not receive it because of illness, exclusion or other reasons. What is suitable must take account of age, ability, aptitude and any special educational needs.

When this route may be relevant

It may be relevant if your child is missing school because anxiety, EBSA or another health need means they cannot currently access suitable education, or if their current education is only a small number of hours without a clear plan. It can also be relevant where a child is out of school for another reason and no suitable alternative has been arranged.

This is not a claim that every absence automatically triggers a new package. Schools can often support shorter absences directly. The key question is whether your child is receiving suitable education overall and what is needed now.

What to put in writing

  1. State that your child is not currently receiving suitable education, with dates and the current hours or pattern of attendance.
  2. Explain the barriers in plain language. Keep it factual: anxiety, health needs, attendance data, professional advice and the effect on learning.
  3. Ask the local authority to consider its Section 19 duty and confirm what suitable provision it will arrange, who is responsible and when it will begin.
  4. Ask for a written response. Keep a dated copy of the letter, any emails, attendance records and reports.

What suitable provision can look like

Suitable provision should be tailored. Depending on need, it might include a managed school-based offer, alternative provision, tuition, a gradual reintegration plan or a mixture of arrangements. A temporary or part-time arrangement should be purposeful, reviewed and designed around your child’s needs rather than simply reducing the school day indefinitely.

Useful evidence to gather

A short chronology can be more useful than a large bundle. Include dates of absence, contact with school, medical or professional information where available, current SEN support plans and an explanation of what has or has not worked. You do not need to wait until every report is in place before raising the issue.

A careful note

This guide is general information for families in England, not legal advice. If you are unsure about your local circumstances, your local SENDIASS service can help you understand local processes. Where a child is in immediate distress or at risk, seek appropriate medical or safeguarding support.

Create a free Section 19 duty letter
Sources and further reading
Department for Education: arranging education for children who cannot attend school because of health needs (December 2023).
Education Act 1996, Section 19.