📘 Section 19 – Alternative Education Duty

When a child or young person cannot attend school, the Local Authority (LA) has a legal duty to provide suitable alternative education. This guide explains what Section 19 is, when it applies, and how to request it.

Quick links

1) What is Section 19?

Section 19 of the Education Act 1996 places a duty on Local Authorities to:

“make arrangements for the provision of suitable education at school or otherwise than at school for those children 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 for them.”

In simple terms: if your child cannot attend school, the LA must step in and provide an alternative.

2) When does Section 19 apply?

  • Out of school due to medical reasons, including mental health.
  • Following permanent exclusion.
  • No school place (for example, awaiting placement or school refusal linked to SEN).

3) What is “suitable education”?

“Suitable” means education that is:

  • Full-time, unless medical evidence says otherwise.
  • Appropriate for the child’s age, ability, aptitude, and SEN.
  • Focused on helping the child make progress, not just occupying their time.

This may include:

  • Home or online tuition.
  • Pupil Referral Unit placement.
  • A temporary school place.
  • Specialist provision if SEN needs require it.

4) The Local Authority’s duty

  • The duty is immediate – the LA cannot delay indefinitely.
  • Education should be provided after 15 days of absence (continuous or cumulative) due to illness or exclusion.
  • Provision must be planned and reviewed, not just a token offer.

5) How to make a request

Make your request in writing to the LA. Include:

  • Your child’s details (name, DOB, address, school).
  • The reason they are not accessing education.
  • How long they have been out of education.
  • Any medical evidence (if relevant).
  • Reference to the LA’s Section 19 duty.

Example wording:

“I am writing to request that [Local Authority] fulfils its duty under Section 19 of the Education Act 1996 to provide suitable, full-time alternative education for my child, [Name, DOB], who has not been able to attend school since [Date] due to [Reason].”

6) Timescales

  • Within 15 school days: Provision must be arranged if absence is due to exclusion or illness.
  • For other reasons, the duty applies as soon as it is clear the child is not receiving suitable education.
  • Provision should be full-time, unless medical evidence states otherwise.

7) Legislation & Guidance

  • Education Act 1996, Section 19 – main duty.
  • Children and Families Act 2014 – SEN rights (if relevant).
  • SEND Code of Practice (2015) – stresses suitable provision for children with SEN.
  • DfE Guidance (2013) – “Ensuring a good education for children who cannot attend school because of health needs”.

8) Practical tips

  • Keep evidence – medical notes, attendance records, emails.
  • Be clear and firm – remind the LA of their legal duty.
  • Follow up in writing – verbal promises are not enough.
  • Link to SEN – if absence is due to unmet SEN needs, mention the EHCP/EHCNA process.
  • Escalate if needed – complain to the LA, the Local Government Ombudsman, or seek legal advice.

9) Summary

If your child cannot attend school, the LA has a clear legal duty to provide suitable, alternative education. You do not have to wait months. Write to your LA, reference Section 19, and insist on timely, appropriate provision.

📄 Section 19 Request Letter Template

Parents and carers can adapt this letter and send it to their Local Authority to request education under Section 19 of the Education Act 1996.

[Your Name]  
[Your Address]  
[Postcode]  
[Email] | [Phone]  
[Date]  

SEND / Inclusion Team  
[Name of Local Authority]  

Subject: Request for Education under Section 19 of the Education Act 1996  

Dear Sir/Madam,  

I am writing to request that [Local Authority] fulfils its duty under Section 19 of the Education Act 1996 to provide suitable education for my child, [Child’s Full Name, Date of Birth], who is currently without access to education.  

[Child’s name] has been unable to attend school since [date] due to [reason – illness, exclusion, school refusal linked to SEN, awaiting placement etc.]. This means they are not receiving a suitable education as required by law.  

Section 19 places a duty on the Local Authority to arrange suitable, full-time education (or as much as the child’s health allows) for children who, for any reason, are unable to attend school.  

I ask that you confirm:  

1. What alternative provision will be put in place.  
2. When this will start.  
3. How this will be reviewed to ensure suitability.  

I would appreciate your urgent confirmation of next steps. Please treat this as a formal request under Section 19 of the Education Act 1996.  

Yours faithfully,  
[Your Name]