Local Authority responsibilities
Section 19: alternative provision by reason of illness or otherwise.
Children and young people who have additional health needs are, by the nature of their difficulties, at risk of failing to reach their true potential within an educational context. This is particularly the case for children and young people whose health needs prevent them from attending school for an extended period, or for those who are restricted by their health needs to attending school on a part-time or sporadic basis.
What provision is required for a child who is too ill to attend school is for the local authority to decide after considering medical advice and information provided by parents and schools. However, the local authority is reliant on the school making a request to the education welfare team for consideration of alternative provision. Referrals cannot be accepted from parents as we require attendance information from the schools as the basis of the referral.
Section 19 includes the word ‘otherwise’ to explain that there are other situations that are not health related, in which a child may need to have arrangements made for them by a Local Authority to receive a suitable education. For example, a child whose bail conditions stated that they were not able to be in school, would meet criteria for Section 19.
Once a request is received, it will be allocated to an Education Welfare Officer (EWO) for them to investigate and seek a decision on whether to agree section 19 provision.
They will arrange to meet with the school referrer, all professionals involved and the parents and will assess the:
- Individual circumstances of the absence. For example, What is the reason for the absence? Have the absences been authorised? What coding has been used? etc.
- Medical evidence / information that is available. We would expect to see details of a health professional's plan / details of their involvement and a copy of the child's individual health and care plan.
- Reason for the involvement of all professionals working with the child and consider their views.
- School Offer to the child including reasonable adjustments, supporting the child back into school, how the school stay connected with the child ensuring they are still connected with school and feel part of the school community.
- Parental and child's co-operation and engagement with support offered. Section 19 must have cooperation from parents which includes working with all professionals to return the child back into school as soon as possible.
The EWO will then submit the section 19 with their rationale on if they have assessed that it meets criteria for section 19 or not. This is taken to the Family Practitioner Lead for Education Welfare (in their absence it will be taken to the Deputy Head of Attendance and Inclusion), to confirm if they agree with the EWO’s decision-making based on the evidence that has been provided and they will then confirm one of the following.
- Section 19 agreed - EWO to refer to the Alternative Provision Panel (APP) to request a short-term offer to support the school offer.
- Section 19 agreed - Child has an Education Health and Care Plan, EWO to refer to SEND keyworker to take to APP
- Section 19 declined - EWO to advise that the part and school, work together to reintegrate the child back into regular attendance (this could be initially on a part-time basis - see part-time timetable policy). EWO to also inform other agencies so they can support with this.
- Further information is required to assess for Section 19.
If section 19 is agreed and the school cannot provide the education for the child, the EWO (or SEND keyworker if the child has an EHCP and the school can evidence they need support above their EHCP funding money) will make a request to the Alternative Provision Panel (APP) for consideration of provision. APP is held every Tuesday morning during term time and the decision made at the panel will be shared within 5 working days of this meeting with the school referrer and parent.
In instances when Section 19 is declined and or it is deemed that a short-term education offer is not appropriate this decision will also be communicated, with the reason and schools will be offered advise with supporting the child back into school. The main reasons for declining are:
- There is a school place available, and it is deemed reasonable for the child to access this.
- The child is attending school on a part-time basis and a reintegration plan is in place.
- The child is receiving an offer of suitable education from the school
- The medical evidence does not support the level of non-school attendance
- The parent is unwilling to engage with services to address the barriers to attendance, despite reasonable adjustments been offered by the school. In such instances an EWO will consider beginning an investigation into failure of the parent to ensure regular attendance at school.
Please note – Section 19 Provision does not include support in the school classroom, this would be the school's responsibility.