📚 Is Your Child Out of School? Section 19 of the Education Act Could Be Your Lifeline

If your child has been out of school for weeks — or even months — due to anxiety, unmet SEND needs, school refusal, or lack of a suitable placement, you are not alone. And more importantly, you are not powerless.

Many families believe they have to wait for an EHCP, a new school place, or a tribunal before their child can access education again. But there’s one powerful section of the law that changes everything — and most parents have never heard of it.

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💡 What Is Section 19 of the Education Act 1996?

Section 19 places a legal duty on your local authority (LA) to provide suitable education to any child who cannot attend school — for any reason, including:

• Mental health difficulties or school-related anxiety
• Emotionally Based School Avoidance (EBSA)
• Exclusion or off-rolling
• No school place due to SEN/disability

The education doesn’t need to be in a school — it could be home tuition, online lessons, or a bespoke package. But it must be suitable for your child’s age, ability, and needs.

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🚨 “But I Don’t Have an EHCP — Does That Matter?”

No. You do not need an EHCP to invoke Section 19.

The only requirement is that your child is of compulsory school age and not receiving a suitable education — whether temporarily or long-term. The LA cannot delay action by blaming waiting lists, staff shortages, or paperwork. The duty applies now.

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🧠 Why So Many Families Get Stuck

We hear this all the time:

“The school said they referred to the LA, but nothing’s happened.”
“I didn’t know I could write to the council myself.”
“No one told me about Section 19.”

Local authorities often don’t proactively act unless parents assert their rights in writing. That’s where our free template can help.

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✉️ Take Action: Use Our Free Section 19 Letter Template

If your child is out of school and not receiving suitable education, you can write to the LA yourself using the letter below. It references the legal duty under Section 19 and requests urgent provision.

You don’t need legal training. You don’t need to wait. You just need to ask — in writing.

👇 Download or copy the full letter here:

👉 DOWNLOAD PDF

(TEMPLATE BELLOW COPY/PASTE)

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Re: Provision of Suitable Education for [Child’s Name] (DOB: [dd/mm/yyyy]) under Section 19 of the Education Act 1996

Dear [Director of Children’s Services / Name if known],

I am writing to formally request immediate educational provision for my son/daughter, [Child’s Full Name], who has been out of school and without access to a suitable, full-time education since [insert date], due to [brief reason – e.g. anxiety/EBSA/lack of placement/exclusion].

As you are aware, Section 19 of the Education Act 1996 places a statutory duty on the local authority to provide suitable education for any child of compulsory school age who, by reason of illness, exclusion, or otherwise, is unable to attend a suitable school.

[Child’s Name] remains without an appropriate full-time education. While I understand that [school name] has contacted the LA regarding this matter, I have yet to receive any meaningful communication, plan, or provision from the authority.

I therefore request that:

1. You confirm, in writing, what steps the LA is taking to fulfil its legal duty under Section 19.
2. Suitable interim education is arranged and delivered without further delay — such as home tuition, online learning, or an alternative placement.
3. A named case officer is provided so that I can liaise directly regarding provision for my child.

Please treat this as an urgent matter. The lack of provision is impacting my child’s well-being, mental health, and right to education — and if this is not resolved promptly, I will be forced to consider escalating this via formal complaint, pre-action protocol, or judicial review.

I look forward to your reply within 10 working days.

Yours faithfully,
[Your Name]

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💛 You’re Not Failing. The System Is.

If your child is out of education, don’t let the system make you feel like it’s your fault. The law is clear. And you have the right to hold them to it.

Need more support?
🟡 Visit AskEllie.co.uk — our free AI assistant can help you understand your rights, write letters, and take action confidently.