Understanding Section 19 in SEN Education: When Should Parents Take Action?

Navigating the world of special educational needs (SEN) can be daunting for parents, especially when their child is unable to attend school for various reasons. This is where Section 19 of the Education Act 1996 steps in, providing a crucial safety net for ensuring every child receives the education they deserve, regardless of circumstances.

What is Section 19?

Section 19 places a duty on local authorities (LAs) to arrange suitable educational provisions for children of compulsory school age who cannot attend school due to illness, exclusion, or other significant reasons. This ensures that all children have access to appropriate education, whether in school or through alternative arrangements.

When Should Parents Refer to Section 19?

Parents should consider referring to Section 19 in the following scenarios:

1. Illness: If a child is unable to attend school due to health reasons, parents can request the LA to provide alternative educational arrangements. This might include home tutoring, online classes, or other suitable methods that ensure the child continues their education during their recovery period.

2. Exclusion: When a child is excluded from school, the LA is required to provide suitable alternative full-time education from the sixth day of the exclusion. Parents can refer to Section 19 to ensure that their child receives the necessary educational support during the exclusion period.

3. Other Significant Reasons: There might be other circumstances that prevent a child from attending school regularly. These could include severe anxiety, bullying, or family issues. In such cases, parents can seek the support of Section 19 to make sure their child does not miss out on education.

How to Take Action

If you believe your child is eligible for support under Section 19, the first step is to contact your local authority’s education department. Explain your child’s situation and request alternative educational arrangements. It’s essential to provide any relevant medical or situational documentation that supports your request.

Conclusion

Section 19 of the Education Act 1996 is a vital provision that ensures every child’s right to education, even in challenging circumstances. Parents should not hesitate to refer to this section when their child is unable to attend school due to illness, exclusion, or other significant reasons. By doing so, they can ensure their child continues to receive the education they need and deserve.

Next Steps

If parents feel that Section 19 of the Education Act 1996 is not being adhered to, they have several options to seek support and resolution:

1. Contact the Local Authority (LA): The first step is to reach out to the LA’s education department. Explain the situation and provide any relevant documentation. Request that they fulfill their duty under Section 19 to provide suitable educational arrangements.

2. Seek Advice from IPSEA: The Independent Provider of Special Education Advice (IPSEA) offers free legal guides and template letters to help parents navigate SEN issues. They can provide guidance on how to approach the LA and what steps to take if Section 19 is not being followed.

3. Use Template Letters: IPSEA provides template letters that parents can use to formally request alternative educational arrangements under Section 19. These letters can be customized to fit the specific situation and can be a helpful tool in communicating with the LA.

4. Consider Legal Action: If the LA continues to fail in its duty, parents may consider seeking legal advice. Organizations like IPSEA can offer support and guidance on how to proceed with legal action if necessary.

5. Contact Other Support Organisations: There are various organisations and support groups that can offer advice and assistance to parents dealing with SEN issues. These organizations can provide additional resources and support to help ensure that the child’s educational needs are met.

By taking these steps, parents can advocate for their child’s right to education and ensure that the LA fulfils its obligations under Section 19. If you need more detailed information or specific guidance, organizations like IPSEA can be invaluable resources.