Your child hasn’t been to school in weeks. Maybe it’s anxiety. Maybe it’s a health condition. Maybe the placement has broken down and nobody can find anywhere suitable. Whatever the reason, they’re at home, and nobody seems to be doing anything about it.
It’s one of the most isolating experiences a SEND family can face. Your child isn’t being educated. The school isn’t helping. And the LA tells you they’re “working on it.” Meanwhile, your child falls further behind every day.
The law is on your side: the Local Authority must provide your child with suitable, full-time education. This isn’t optional. It’s a mandatory duty under Section 19 of the Education Act 1996, triggered whenever illness, exclusion, or what the law calls “otherwise” stops your child getting an education, and “otherwise” covers far more than most councils admit.
What triggers the duty
Section 19 applies whenever a child of compulsory school age “may not for any period receive suitable education” unless the LA arranges it. The most common triggers are illness, permanent exclusion, and what the legislation calls “or otherwise.”
That “or otherwise” clause is broad. Courts and the Ombudsman have confirmed it covers anxiety-based school refusal, chronic fatigue syndrome, autistic burnout, Emotionally Based School Avoidance (EBSA), persistent bullying the school can’t address, and post-traumatic stress.
The duty also covers placement breakdown: when no school has been identified that can meet your child’s needs, not just illness or exclusion from the one they’re already at.
The 15-day threshold
From August 2024, the Education (Pupil Registration) Regulations require schools to send a sickness return to the LA when a child has been absent for 15 school days, whether consecutive or cumulative in a school year.
Once this threshold is reached, the LA should assess whether the Section 19 duty is engaged and arrange provision.
For permanent exclusions, the duty kicks in sooner. The LA must arrange alternative education from the sixth school day of exclusion. (For a suspension longer than 5 school days, it’s the school that must arrange it from day 6.)
You don’t need to wait for the school to send a sickness return. If your child has been absent for 15 days and nothing is happening, contact the LA yourself. Write to them citing Section 19 and request provision directly.
What “suitable education” means
The education the LA provides must be full-time, unless the LA determines that part-time is in the child’s best interests for health reasons. Full-time means equivalent to mainstream school hours, roughly 25 hours per week for primary and 21-25 hours for secondary (some LAs use up to 32).
| Full-time (default) | Part-time (exception only) Reduced | |
|---|---|---|
| When | Always the starting point | Only for documented health reasons |
| Hours | ~25 (primary), 21-25 (secondary) | Fewer hours, LA must justify in writing |
| Decision maker | LA must provide full-time | Only LA can decide part-time is appropriate |
| Review | Regular reviews required | Reviewed regularly (many LAs use a 6-weekly cycle) |
If the LA offers 5 hours per week of home tuition, that’s not suitable full-time education. Challenge it. Request written reasoning for the reduced hours. And ask for a review date.
LAs commonly offer minimal provision (5-10 hours per week) and call it “suitable.” Unless there’s a documented health reason why full-time would harm your child, reduced hours aren’t lawful. Don’t accept it without challenge.
What the provision looks like
Alternative education can take several forms, depending on what suits the child.
Home tuition is one-to-one teaching at your home, delivered by a qualified tutor. It’s the most common form for children who can’t leave the house due to anxiety or health.
Online provision uses structured virtual learning platforms. This can work well for children who are physically able but can’t attend a school building.
A combined package might include home tuition, online learning, and therapeutic support. For SEND children, this is often the most appropriate approach.
Alternative provision (pupil referral units or specialist settings) may be suitable for some children, but shouldn’t be assumed as the default.
For children with EHCPs, there’s a further option: EOTAS.
EOTAS: Education Otherwise Than At School
EOTAS is a formal arrangement where the LA funds and arranges education outside any school setting for a child with an EHCP. It’s governed by Section 61 of the Children and Families Act 2014. The provision itself is recorded in detail in Section F of the EHCP; Section I, which normally names a school, is left blank because there’s no school to name.
The key difference from Section 19 provision is that EOTAS is specifically designed for children with EHCPs where no school setting is appropriate, not just the current school, but any school.
| Section 19 provision | EOTAS (EHCP children) | |
|---|---|---|
| Legal basis | Education Act 1996, s.19 | CFA 2014, s.61 |
| Who it’s for | Any child unable to attend school | Children with EHCPs only |
| Test | Cannot receive suitable education | Inappropriate for provision in any school |
| EHCP required | No | Yes |
| Who funds | LA (education) | LA (EHCP budget) |
| Section F of EHCP | N/A | Provision recorded here in detail |
| Section I of EHCP | N/A | Must be left blank |
If your child has an EHCP and has had multiple placement breakdowns, or if no school can meet their needs due to health or anxiety, EOTAS may be the right route. The LA must be satisfied that it would be “inappropriate” for provision to be made in any school. Importantly, EOTAS isn’t the same as home education. Home education means the parent arranges and funds; EOTAS means the LA arranges and funds. If your child has an EHCP and can’t attend any school, you need EOTAS, not home education.
Medical evidence requirements
LAs often demand specialist consultant evidence before providing Section 19 education. This is unlawful.
Department for Education (DfE) guidance is clear: where specific medical evidence isn’t quickly available, LAs should consider liaising with other medical professionals such as the GP, and look at other evidence to ensure minimal delay. Sufficient evidence includes a GP letter stating your child can’t attend school, a Child and Adolescent Mental Health Services (CAMHS) referral letter (even if awaiting appointment), an educational psychologist report, a school health team assessment, hospital or clinic appointment evidence, or teacher observations of impact as supporting evidence.
A formal diagnosis isn’t required. If the LA refuses provision because your child doesn’t have a consultant letter, quote the DfE guidance and state that their requirement is unlawful.
How to request Section 19 provision
- Gather evidence. Get a GP letter stating your child can’t attend school and collect any CAMHS, educational psychologist (EP), or school records.
- Write to the LA using IPSEA Template Letter 22, citing Section 19 and including your evidence with a request for full-time provision.
- If there’s no response within 15 working days, chase in writing and consider copying in your councillor.
- If the LA refuses, file a formal complaint citing DfE guidance and the mandatory nature of the duty.
- If the LA complaint process fails, refer to the Local Government and Social Care Ombudsman (LGSCO), who can recommend immediate provision and financial remedies, which councils comply with in the vast majority of cases.
IPSEA provides free template letters specifically for Section 19 requests. Template Letter 22 covers the standard request. Variants cover post-exclusion (22a), health-related (22b), and no school place (22c).
Common LA pushback and how to respond
LAs routinely resist Section 19 duties with a small set of recurring objections.
“We need to wait for a CAMHS assessment.” Section 19 is triggered by need, not diagnosis. GP evidence is sufficient. Quote DfE guidance.
“Your child should try another school first.” If your child can’t attend any school due to health or anxiety, the “or otherwise” clause applies. Document why schools have been exhausted.
“We only offer 10 hours per week.” Full-time is the default. Request written reasoning for reduced hours. Challenge if no documented health justification.
“You should home educate.” Home education is a parental choice, not an LA suggestion. The LA’s duty under Section 19 is to provide education, not shift responsibility to parents.
Ombudsman decisions on Section 19 failures
The Local Government and Social Care Ombudsman regularly finds LAs at fault for failing to provide Section 19 education. Financial remedies have included £3,600 for missed education plus £150 for distress, £3,500 for two terms of missed provision, and £4,250 for 11.5 months without suitable education.
These decisions confirm that LAs can’t ignore the duty. If yours is, the Ombudsman route works. Complain at lgo.org.uk.
Getting help
IPSEA provides free legal advice on Section 19, EOTAS, and alternative provision. Template letters are available on their website. Helpline: 0300 222 5899.
Not Fine in School supports families dealing with attendance barriers and has template letters and resources.
Your local SENDIASS can help you understand your rights and support you through the process.
Your child has a right to education
Section 19 exists because the law recognises that some children can’t attend school, and it’s the LA’s job to ensure they’re still educated. Not the parent’s job. Not the school’s problem. The LA’s duty.
If your child has been out of school for more than 15 days and nobody is providing education, the law is being broken. Document everything. Write to the LA. And don’t accept silence as an answer.