Most parents have never heard of it.
Schools rarely mention it.
Local authorities almost never explain it properly.
But this one rule — Section 19 of the Education Act 1996 — is the difference between a child suffering at home with zero support, and a child receiving legal entitlement to education when they cannot attend school.
And right now, thousands of families are being failed simply because nobody told them this law exists.
What Is Section 19?
Section 19 places a legal duty on every Local Authority in England:
If a child cannot attend school because of illness, anxiety, SEN, disability, or any other lawful reason, the LA must provide suitable alternative education from day 15 of absence.
This is not optional.
This is not a “maybe”.
This is not dependent on a diagnosis or an EHCP.
If your child cannot attend school, the Local Authority must step in.
Yet 99% of parents are never told.
Why This Law Matters So Much
Families dealing with:
- EBSA (school anxiety)
- Autism
- ADHD
- Trauma
- Sensory overwhelm
- Meltdowns
- Mental-health crises
- Unsafe school environments
- Failed EHCP support
- Specialist schools being “full”
- Long waits for diagnosis
…are often left in limbo — terrified of fines, pressured by attendance teams, blamed for their child’s distress, and forced to keep sending their child back into an environment that is actively harming them.
Section 19 exists to prevent this exact situation.
But without knowing your rights, it becomes a loophole Local Authorities exploit by simply… saying nothing.
What Counts as ‘Unable to Attend’?
Contrary to what some schools claim:
- Your child does not need a formal diagnosis.
- You do not need CAMHS involvement.
- You do not need an EHCP in place.
- You do not need hospital letters.
The threshold is simple:
If attending school is causing significant distress, deterioration, or risk to your child’s wellbeing, they meet the legal criteria.
Section 19 is specifically designed to include:
- Anxiety
- Emotional-based school avoidance (EBSA)
- SEN-related barriers
- Mental health
- Medical uncertainty
- Trauma
- Unsafe or unmet needs
Schools cannot override this.
What Happens Once Section 19 Is Triggered?
The Local Authority must arrange “suitable, full-time education” such as:
- Online learning
- Home tuition
- Small-group provision
- Temporary alternative provision
- Hybrid arrangements
- Shortened timetables with safeguarding oversight
And crucially:
Education must be based on your child’s needs — not LA “preference”.
Why Parents Aren’t Told
Because once a child triggers Section 19:
- Fines stop
- Attendance pressure stops
- Blame stops
- Local authority responsibility begins
And responsibility costs money.
So instead of following the law, many families are pushed into:
- Daily battles
- Threats
- Persistent absence labels
- Blame for “parental weakness”
- Mental-health deterioration for the child
- Punishments instead of support
It’s easier — and cheaper — for the system to pretend Section 19 doesn’t exist.
How to Use Section 19 to Protect Your Child
You can make the request yourself, directly to your Local Authority.
You do not need the headteacher’s permission.
Here’s a simple summary of what to say:
“My child is medically/unable to attend school due to anxiety/SEN/mental health.
Under Section 19 of the Education Act, the Local Authority now has a duty to provide suitable education.
Please confirm in writing what provision will be put in place.”
If you need help with the exact wording, AskEllie has templates — or you can contact us directly for private one-to-one guidance through our new paid service.
(Use the Contact Us form to enquire.)
Why This Matters Now More Than Ever
The SEND system is overwhelmed.
Schools are underfunded.
Attendance policies are becoming more aggressive.
And children with anxiety, trauma, sensory needs and unmet SEN support are being punished instead of protected.
Knowing Section 19 stops the system from breaking your child while you wait for assessments, EHCPs, or a more suitable placement.
It gives parents breathing space.
It gives children safety.
It gives families rights — not fear.
Final Thought
The system may not tell you your rights.
Schools may not explain the law.
Local Authorities may not volunteer their responsibilities.
But the law is still the law.
And Section 19 exists to make sure no child is left without education when school becomes unsafe or unmanageable.
If you need guidance, templates, or personalised support with your situation, you can reach out via the AskEllie Contact Form — all proceeds go towards building the AskEllie app to support even more families.
Your child deserves safety.
Your family deserves support.
And you deserve to know the law that protects you.
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