You’ve probably heard the phrase “Section 19” thrown around in forums or Facebook comments — usually when a child’s out of school with no plan. But what actually is it? And why is no one talking about it?
Let’s break it down.
⚖️ Section 19 — The Basics
Section 19 of the Education Act 1996 says that if a child can’t attend school — because of illness, anxiety, SEND needs or any other reason — the local authority has a legal duty to arrange suitable education.
Not a favour.
Not “if they feel like it.”
A legal duty.
🚨 When Does Section 19 Apply?
If your child is of compulsory school age and has been out of school for 15 or more school days (either in a row or broken up), then technically, Section 19 kicks in.
And here’s the part no one tells you:
It doesn’t matter if you’re waiting for an EHCP.
It doesn’t matter if you’re “in between placements.”
It doesn’t matter if the school says “we’re still looking.”
The council still has a duty.
❌ But They’ll Tell You…
- “There’s no funding right now.”
- “We’re waiting for a place.”
- “You need medical evidence.”
- “It’s the school’s job.”
💡 None of these override the law. The actual law says education must be full-time (or as much as your child can manage), suitable for their age, ability and needs — and arranged by the council.
🧠 So What Does ‘Suitable Education’ Mean?
It could be:
- 1:1 tutoring at home
- Online learning
- A temporary provision
- Specialist outreach
But whatever it is, it must start without delay. You shouldn’t be stuck in limbo while “they figure it out.”
🛠️ How AskEllie Can Help
Section 19 is exactly why we built Ellie. Most parents aren’t lawyers — and they shouldn’t have to be.
AskEllie can:
- Tell you if your child is likely eligible
- Help you write the right kind of letter
- Decode the LA’s response
- Explain what steps to take next
For free. 24/7. No appointments. Just head to AskEllie.co.uk
💬 Final Word
If your child’s out of school and nothing’s happening, don’t wait. Section 19 is the law, even if your LA pretends it’s optional.
We’ve seen it work. We’ve helped parents use it.
And you don’t have to face it alone.
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