Across the UK, thousands of families are facing the same impossible situation:
A child who cannot attend school due to anxiety, overwhelm, SEND needs, burnout, physical health, or severe emotional distress… and a school or Local Authority providing little to no support.
Many parents blame themselves.
Many feel powerless.
And most don’t realise this one crucial fact:
If your child is not attending school — and you have not chosen elective home education — your child has barriers to attendance. And the Local Authority has a legal duty to provide alternative education under Section 19 of the Education Act.
This is not optional.
It is not discretionary.
It is not “when the school has time.”
It is a legal requirement.
This blog will explain exactly what Section 19 means, what support your child is entitled to, and what to do if you aren’t receiving it.
What Section 19 Actually Says
Section 19 of the Education Act 1996 states that Local Authorities must provide:
“Suitable education for children who, by reason of illness, exclusion or otherwise, may not receive it.”
“Otherwise” includes:
- anxiety
- emotional distress
- autism or PDA-related shutdown
- sensory overwhelm
- EBSA (Emotionally Based School Avoidance)
- mental health difficulties
- physical health issues
- school trauma
- unmet SEND needs
If a child cannot attend school — even part-time — the LA must ensure education that reflects what the child is able to manage.
This could be online learning, home tuition, a reduced timetable, or specialist provision.
Parents are rarely told this.
You Do NOT Have to Prove Anything Beyond This: Your Child Cannot Attend
Parents are often pressured to provide:
- diagnoses
- CAMHS involvement
- medical letters
- proof of trauma
But Section 19 does not require any of these.
The only requirement is that the child “may not receive suitable education” without LA intervention.
If school attendance is breaking your child, this applies.
What Counts as “Alternative Provision”?
Local Authorities can offer a range of support, including:
✔️ Online learning
Suitable when anxiety, overwhelm or sensory difficulties make attendance impossible.
✔️ Home tuition
A teacher visiting the home for 1:1 or small group sessions.
✔️ Hybrid timetables
Mix of school, home and online — tailored to what the child can cope with.
✔️ Therapeutic or specialist provision
When mainstream cannot meet need.
✔️ Temporary placements
To stabilise attendance before long-term decisions.
✔️ Short-term medical provision
For children too unwell to attend school.
The key word is “suitable” — not “full-time” or “back in school immediately.”
Education must match the child’s current capacity, not the school’s convenience.
If Your Child Isn’t Getting Support — Here’s What to Do
1. Request Alternative Provision in Writing
Email the Local Authority and say:
“My child is unable to attend school due to SEND/mental health barriers.
Please confirm what alternative provision you will arrange under Section 19 of the Education Act 1996.”
Putting this in writing forces the LA to acknowledge their duty.
2. Apply for an EHCP Assessment
Parents often believe they need:
- the school’s permission
- a diagnosis
- evidence from CAMHS
You need none of these.
If your child cannot access education without significant adjustments, that is clear evidence that an EHCP assessment is required.
Request it yourself in writing:
“I am formally requesting an EHC needs assessment under Section 36(1) of the Children and Families Act 2014.”
Once this is submitted, the legal timeline begins.
3. Challenge Incorrect Statements from Schools
Schools often say things like:
- “We can’t help unless they attend.”
- “We can’t authorise anxiety.”
- “They must come into school before we can support them.”
- “We can’t offer online learning.”
None of these statements are supported by law.
A child’s needs do not disappear simply because they’re too overwhelmed to enter the building.
Schools must make adjustments based on need, not attendance.
4. Document Everything
Keep a record of:
- emails
- phone calls
- meetings
- refusals
- behaviours
- medical notes
- school responses
A clear paper trail protects you and makes escalation easier if needed.
When you ask for decisions to be put in writing, incorrect or unlawful statements often disappear.
Remember: You Are Not Failing
Children don’t avoid school because of poor parenting.
They avoid school because the environment has become unsafe, overwhelming, or unsuitable for their needs.
Your child is not “refusing.”
They are communicating.
You are not “allowing it.”
You are protecting your child.
And you are absolutely entitled to the support the law provides — even if no one has ever told you about it.
If you need a template Section 19 request, an EHCP application letter, or a step-by-step guide, just ask and I’ll create it for you.
You are not alone, and help does exist — even when the system tries to hide it.
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