Local Authority responsibilities
Children and young people with health needs may struggle to reach their full potential in school. This risk is higher when a child cannot attend school for a long time, or can only attend part‑time or irregularly because of their health.
When Section 19 applies
If a child is too unwell to attend school, the local authority decides what education is needed. This decision is based on:
- medical advice
- information from parents
- information from the school
The local authority can only consider Section 19 if the school makes a referral to the Education Welfare Team. Parents cannot make a referral themselves, because the school must provide attendance records as part of the request.
Section 19 also covers situations that are not related to health. The law uses the word “otherwise” to explain this. For example, a child who cannot attend school because of bail conditions may meet the criteria for Section 19.
What happens after a request is made
Once a request is received, it is passed to an Education Welfare Officer (EWO).
The EWO will:
- gather information
- speak to professionals involved
- decide whether Section 19 criteria are met
The EWO will meet with:
- the school
- parents
- the child (where appropriate)
- other professionals involved
What the EWO will assess
The EWO will consider:
Attendance and absence
- the reason for the absence
- whether absences are authorised
- what attendance codes have been used
Medical evidence
- reports or plans from health professionals
- details of ongoing medical support
- a copy of the child’s individual health care plan
Professional involvement
- why each professional is involved
- their views on the child’s needs
The school’s offer
- reasonable adjustments already made
- how the school supports reintegration
- how the school stays in contact with the child
- how the child remains part of the school community
Engagement from parents and the child
- willingness to work with professionals
- cooperation with support offered
- commitment to returning the child to school as soon as possible
Section 19 requires parents to engage with support and work with professionals.
Decision‑making process
After the assessment, the EWO submits a recommendation.
This is reviewed by the Family Practitioner Lead for Education Welfare (or the Deputy Head of Attendance and Inclusion if they are unavailable).
One of the following decisions will be made:
Section 19 agreed
- The EWO refers the case to the Alternative Provision Panel (APP) for short‑term support, or
- If the child has an Education, Health and Care Plan (EHCP), the EWO refers the case to the SEND Keyworker, who takes it to the APP
Section 19 declined
- The EWO advises the school and parents to work together to return the child to regular attendance
- This may start with a part‑time timetable
- Other agencies are informed so they can provide support
More information needed
- Further evidence is requested before a decision can be made
Alternative Provision Panel (APP)
If Section 19 is agreed and the school cannot provide suitable education:
- the EWO (or SEND Keyworker) submits a request to the APP
- APP meets every Tuesday morning during term time
- decisions are shared within 5 working days with the school and parents
When Section 19 is usually declined
Section 19 is likely to be declined if:
- there is a school place available and it is reasonable for the child to attend
- the child is already attending part‑time with a reintegration plan in place
- the school is providing suitable education
- medical evidence does not support the level of absence
- parents do not engage with support, despite reasonable adjustments by the school
In cases where parents do not engage, the EWO may consider investigating a failure to ensure regular school attendance.
Important note
Section 19 does not include classroom support. Support within school remains the responsibility of the school.
