Overview
What does the law say?
Section 19 of the Education Act 1996 says every local authority must make sure children of compulsory school age get suitable education if they cannot attend school because of illness, exclusion, or other reasons.
Suitable education means learning that matches a child’s age, ability, and needs, including any special educational needs.
What does this mean for Staffordshire?
The local authority decides when a child cannot get suitable education without extra help. It must also follow other guidance, including:
- Special Educational Needs and Disability Code of Practice (2015)
- Working Together to Improve School Attendance (2024)
- DfE Guidance (2023): Education for children who cannot attend school because of health needs
How does it work?
Where possible, the child’s school should manage health needs and keep them learning in school or online for a short time. If the school cannot provide suitable education, it must send a Section 19 referral.
From January 2025:
- Staffordshire schools will use Staffordshire Learning Net for referrals.
- Non-Staffordshire schools (for Staffordshire children) can request a referral form by emailing: educationcoreoffer@staffordshire.gov.uk
